South Australian Repealed Acts

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This legislation has been repealed.

PHARMACISTS ACT 1991 - SECT 49

49—Appeals

        (1)         A right of appeal to the Supreme Court lies against any decision or order of the Board made in the exercise or purported exercise of its powers or functions under this Act.

        (2)         The appeal must be instituted within one month of the making of the decision or order appealed against.

        (3)         The Supreme Court may, on the hearing of the appeal, exercise any one or more of the following powers according to the nature of the case:

            (a)         affirm, vary or quash the decision or order appealed against, or substitute, or make in addition, any decision or order that should have been made in the first instance;

            (b)         remit the subject matter of the appeal to the Board for further hearing or consideration or for rehearing;

            (c)         make any further or other order as to costs or any other matter that the case requires.

        (4)         The Board must, if so required by a person affected by a decision or order made by it, state in writing the reasons for its decision or order.

        (5)         If the reasons of the Board are not given in writing at the time of making a decision or order and the appellant within one month of the making of the decision or order requests the Board to state its reasons in writing, the time for instituting the appeal runs from the time when the appellant receives the written statement of those reasons.



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