South Australian Current Acts

SECOND-HAND VEHICLE DEALERS ACT 1995 - SCHEDULE 1

Schedule 1—Appointment and selection of assessors for Magistrates Court

(1)         The Minister must establish the following panels of persons who may sit with the Magistrates Court as assessors in proceedings under Part 4:

            (a)         a panel consisting of persons representative of dealers;

            (b)         a panel consisting of persons representative of members of the public who deal with dealers.

(2)         A member of a panel is to be appointed by the Minister for a term of office not exceeding three years and on conditions determined by the Minister and specified in the instrument of appointment.

(3)         A member of a panel is, on the expiration of a term of office, eligible for reappointment.

(4)         Subject to subclause (5), if assessors are to sit with the Magistrates Court in proceedings under Part 4, a magistrate must select one member from each of the panels to sit with the Court in the proceedings.

(5)         A member of a panel who has a personal or a direct or indirect pecuniary interest in a matter before the Magistrates Court is disqualified from participating in the hearing of the matter.

(6)         If an assessor dies or is for any reason unable to continue with any proceedings, the Magistrates Court constituted of the judicial officer who is presiding at the proceedings and the other assessor may, if the judicial officer so determines, continue and complete the proceedings.