South Australian Consolidated Acts

GAMING MACHINES ACT 1992 - SECT 69

69—Right of appeal

        (1)         A party to proceedings before the Commissioner who is dissatisfied with a decision or order made or given in the proceedings may appeal to the Court against the decision or order.

        (2)         A person who is the subject of a direction given by the Commissioner under this Act (except when acting as an authorised officer) may appeal to the Authority against that direction.

        (3)         An appeal under this section must be instituted within one month of the decision, or order or direction being made or given or such longer period as the Court or the Authority, as the case may be, may allow.

        (4)         An appeal under this section is in the nature of a rehearing.

        (5)         The Court or Authority may, on an appeal under this section, do such of the following as the Court or Authority thinks appropriate:

            (a)         affirm, vary or quash the decision, order or direction subject to the appeal;

            (b)         substitute, or make in addition, any decision, order or direction that the Commissioner could make;

            (c)         remit the matter to the Commissioner for further consideration;

            (d)         make any incidental or ancillary order.

        (6)         For the purposes of this section, the transferor of a gaming machine licence is a party to any proceedings relating to the transfer of the licence.

        (6a)         For the purposes of this section, a person who has objected to an application under this Act is entitled to be joined as a party to any proceedings relating to the application.

        (7)         No right of appeal lies against a decision or order of the Court or Authority on an appeal under this section.