New South Wales Repealed Acts

This legislation has been repealed.

LIQUOR ACT 1982 - SECT 9

9 Constitution of the court at first instance

(1) Except to the extent that this Act otherwise provides, the Licensing Court of New South Wales is constituted by:

(a) a licensing magistrate sitting alone,

(b) a Magistrate (other than a licensing magistrate) sitting alone in accordance with a delegation to him or her of any or all of the jurisdiction of a licensing magistrate (either generally or in a particular case) by the Chairperson, or

(c) if the Chairperson so directs (either generally or in a particular case)--2 or more licensing magistrates.

(2) Where the court is constituted as provided by subsection (1) (c):

(a) the Chairperson is to preside if the Chairperson is sitting, or

(b) the Deputy Chairperson is to preside if the Deputy Chairperson is sitting and the Chairperson is not, or

(c) where neither the Chairperson nor the Deputy Chairperson is sitting, the magistrate nominated for the purpose by the Chairperson is to preside.

(3) Where the court is constituted as provided by subsection (1) (c) and there is a difference of opinion among the members of the court, the opinion of the majority is the opinion of the court and, where there is an equality of votes, the presiding magistrate has a casting vote as well as a deliberative vote.

(4) The court may not be constituted under subsection (1) (c) for the hearing and determination of the matter of a complaint under section 67 except by leave of the Chairperson given on the application of all the parties.

(5) A signed opinion of a member of the court sitting as constituted under this section may be delivered by any licensing magistrate, whether or not the licensing magistrate who delivers the opinion is the magistrate, or one of the magistrates, who signed the opinion.