An Act to amend certain Acts with respect to courts and court procedures and proceedings; to amend the Protected Estates Act 1983 with respect to the powers of the Protective Commissioner; to amend the Commercial Arbitration Act 1984 by way of statute law revision; and for other purposes.
This Act is the Courts Legislation Amendment Act 2004.
This Act commences on the date of assent, except as provided by this section.
Schedule 5, and section 3 in its application to that Schedule, commences on a day or days to be appointed by proclamation.
The Acts specified in Schedules 1–9 are amended as set out in those Schedules.
(Repealed)
(Section 3)
Omit “giving the court” from section 9 (1) (a).
Insert instead “lodging”.
Omit “given” wherever occurring. Insert instead “lodged”.
Omit “giving”. Insert instead “lodgment”.
Omit the section. Insert instead:
The provisions of this section apply to an appeal, or application for leave to appeal, under this Act against a person’s conviction or sentence.
The appellant is required to lodge the relevant notice of intention with:
(a) the registrar of the court, or
(b) the person in charge of the place where the appellant is in custody, or
(c) the registrar of the court of trial (but not if the court of trial was the Drug Court or the Land and Environment Court).
The relevant notice of intention:
(a) must comply with the rules of court, and
(b) must be lodged within 28 days after the relevant conviction or the imposition of the relevant sentence (as the case may require).
The court may, at any time, extend the time within which the relevant notice of intention is required to be lodged or, if the rules of court so permit, dispense with the requirement for the notice.
The appeal, or application for leave to appeal, is to be lodged with the registrar of the court or the registrar of the court of trial (unless that court was the Drug Court or the Land and Environment Court) in accordance with the rules of court, which may include:
(a) provision with respect to any statement of grounds of appeal, transcripts, exhibits or other documents or things to accompany the appeal or application, and
(b) provision with respect to the timely institution and prosecution of the appeal or application, and
(c) provision with respect to the period during which the relevant notice of intention has effect.
For the purposes of any other Act or statutory instrument (whether enacted or made before or after the commencement of this subsection):
(a) the period provided for making or lodging an appeal or notice of appeal to…