South Australian Consolidated Acts

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CONTROLLED SUBSTANCES ACT 1984 - SECT 11L

11L—District Court may sit with assessors

        (1)         In proceedings for review by or on an appeal to the Administrative and Disciplinary Division of the District Court under the applied provisions, the Court will, if a Judge of the Court so determines, sit with assessors.

        (2)         For the purposes of this section, if a Judge of the Court determines that the Court is to sit with assessors—

            (a)         the Minister must establish a panel of persons who may sit as assessors; and

            (b)         a member of the panel will hold office on terms and conditions specified by the Minister in the instrument of appointment (and a member of the panel whose term of office expires is eligible for reappointment); and

            (c)         subject to paragraph (d), if assessors are to sit with the District Court, the Judge of the Court on the appeal will select 2 members of the panel to sit with the Court in the proceedings; and

            (d)         a member of the panel who has a personal or direct or indirect pecuniary interest in a matter before the District Court is disqualified from participating in proceedings relating to the matter; and

            (e)         if an assessor dies or is for any reason unable to continue with any proceedings, the District 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.



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