Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 105A - Continuing detention orders  

Subdivision E - Provisions relating to continuing detention order proceedings  

SECTION 105A.17   Right of appeal  

(1)  
An appeal lies to the court of appeal (however described) of a State or Territory if:


(a) the Supreme Court of the State or Territory makes a continuing detention order decision; and


(b) the court of appeal has jurisdiction to hear appeals from the Supreme Court in relation to civil matters.

(2)  
The appeal is to be by way of rehearing. In particular, in relation to the appeal, the court of appeal:


(a) subject to this subsection, has all the powers, functions and duties that the Supreme Court has in relation to the relevant continuing detention order proceedings; and


(b) may draw inferences of fact which are not inconsistent with the findings of the Supreme Court; and


(c) may receive further evidence as to questions of fact (orally in court, by affidavit or in any other way) if the court of appeal is satisfied that there are special grounds for doing so.

(3)  
The appeal against the decision of the Supreme Court may be made:


(a) as of right, within 28 days after the day on which the decision was made; or


(b) by leave, within such further time as the court of appeal allows.

(4)  
The making of the appeal does not stay the operation of the order.

(5)  
This section does not limit any other right of appeal that exists apart from this section.




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