South Australian Consolidated Acts South Australian Consolidated Acts43—Reservation of question of law
(1) The Court may
reserve any question of law arising in a criminal action (except a preliminary
examination of a charge of an indictable offence) for determination by a
superior court.
(2) The question will
be reserved—
(a) if
the question arises in proceedings related to an offence categorised under the
Summary Procedure Act 1921 as an industrial offence—for
determination by the Industrial Court;
(b) in
any other case—for determination by the Supreme Court constituted of a
single Judge (but the Judge may, if he or she thinks fit, refer the matter for
determination by the Full Court).
(3) The Court for
whose determination a question of law is reserved under this section may
determine the question and give any consequential orders or directions that
may be appropriate in the circumstances of the case.