New South Wales Repealed Acts

This legislation has been repealed.

LIQUOR ACT 1982 - SECT 12

12 Procedure before Licensing Court

(1) Except to the extent that this Act otherwise provides, proceedings before the court:

(a) shall, except in the case of proceedings under section 145, be instituted by application, and

(b) shall, as nearly as practicable, be regulated in the same way as summary proceedings before a Local Court.

(2) In any proceedings before it other than proceedings under section 145 of this Act, section 197 of the Gaming Machines Act 2001 or section 65 of the Registered Clubs Act 1976 , the court:

(a) is not bound by the rules of evidence and may inform itself on any matter in such manner as it thinks fit, and

(b) shall act according to equity, good conscience and the substantial merits of the case without regard to technicalities or legal forms.

(2A) Parts 2-4 of Chapter 4 of the Criminal Procedure Act 1986 apply to proceedings for offences dealt with by the Licensing Court.

(3) The magistrate who constitutes the court or, where the court is constituted by more than 1 magistrate, the presiding magistrate, may take, administer or cause to be taken or administered any oath, declaration, affirmation or deposition relating to a proceeding before the court.

(4) Part 4 of Chapter 4 of the Criminal Procedure Act 1986 applies to proceedings in the Licensing Court (not being criminal proceedings) in the same way as it applies to criminal proceedings in that Court.

(6) The business of the court may be conducted in the absence of the public:

(a) in the case of an application to which no objection has been taken, and

(b) in such other cases as may be prescribed.