South Australian Consolidated Acts South Australian Consolidated Acts17—Division of responsibilities between the Commissioner and the Court
(1) The powers and
responsibilities of a licensing authority under this Act are divided between
the Commissioner and the Court as follows:
(a) the
Commissioner is to determine—
(i)
all non-contested matters except those that are, under
some other provision of this Act, to be determined by the Court; and
(ii)
all contested applications for a limited licence;
(b) if
an application is contested (and the application does not relate to a matter
that is, under some other provision of this Act, within the exclusive
jurisdiction of the Court), the Commissioner must, subject to
subsection (2), make reasonable attempts to achieve agreement between the
parties by conciliation and—
(i)
if the differences between the parties are resolved by
conciliation, the Commissioner must determine the matter so as to reflect the
agreement reached by conciliation; and
(ii)
if the differences between the parties are not resolved
by conciliation—
• if the dispute
arises on an application for a limited licence—the Commissioner must
determine the application; and
• if the dispute
arises on an application (but not an application for a limited licence) and
the parties request the Commissioner to determine the application—the
Commissioner must determine the application; and
• in any other
case—the Commissioner must refer the matter for hearing and
determination by the Court;
(c) the
Court must determine the following matters:
(i)
all matters referred for hearing and determination by the
Court under paragraph (b); and
(ii)
all other matters that are, under some other provision of
this Act, to be determined by the Court.
(2) The Commissioner
is not required to attempt conciliation in relation to an application to which
an objection has been lodged by the Commissioner of Police on the ground that
to grant the application would be contrary to the public interest.