South Australian Consolidated Acts

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GENE TECHNOLOGY ACT 2001 - SECT 183

183—Review of decisions by District Court

        (1)         An eligible person may appeal to the District Court against—

            (a)         a reviewable decision made by the Regulator personally; or

            (b)         a decision made by the Regulator under section 181 (which provides for internal review).

        (2)         An appeal must be instituted within 28 days after the making of the decision appealed against.

        (3)         In proceedings on an appeal, the District Court will, if a Judge of the Court so determines, sit with assessors.

        (4)         For the purposes of subsection (3)—

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

            (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);

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

            (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;

            (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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