South Australian Consolidated Acts28AAB—Discretion to grant or refuse application under section 28
(1) Subject to this
Act, the Commissioner has an unqualified discretion to grant or refuse an
application for consent under section 28 on any ground, or for any
reason, that the Commissioner thinks fit.
(2) The Commissioner
should not grant an application for consent under section 28 as a matter
of course without a proper inquiry into its merits (whether or not
the Commissioner of Police has intervened in the proceedings or there are any
objections to the application).
(3) An application for
consent under section 28 can only be granted if the Commissioner is
satisfied that to grant the application would not be contrary to the public
interest.