Crimes (Appeal and Review) Act 2001 (NSW)
An Act to restate the law with respect to appeals and other forms of review in relation to criminal proceedings; and for other purposes.
This Act is the Crimes (Appeal and Review) Act 2001.
This Act commences on a day or days to be appointed by proclamation.
In this Act—
(a) an acquittal in appeal proceedings in respect of an offence, and
(b) an acquittal at the direction of a court.
(a) a Children’s Court constituted under the Children’s Court Act 1987, and
(b), (c) (Repealed)
(d) any court that is constituted by a Magistrate and that exercises criminal jurisdiction, and
(e) any Magistrate or court that exercises any function or jurisdiction under Chapter 3 (Part 3 excepted), Chapter 4 (Part 5 excepted) or Chapter 5 of the Criminal Procedure Act 1986.
(a) the Crown, or
(b) an entity within the meaning of the Government Sector Finance Act 2018 (or an entity belonging to a class) prescribed by the regulations to be a public authority for the purposes of this Act, or
(c) an officer or employee of such an authority acting in the course of his or her employment.
(a) any order made by the Local Court in respect of a person as a consequence of its having convicted the person of an offence, including—
(i) any sentence of imprisonment (including any sentence of imprisonment the subject of an intensive correction order or home detention order), and
(ii) any community service order, good behaviour bond or fine, and
(iia) any community correction order or conditional release order, and
(iii) any order suspending execution of a sentence of imprisonment under section 12 of the Crimes (Sentencing Procedure) Act 1999, and
(iiia) any non-association order or place restriction order under section 17A of the Crimes (Sentencing Procedure) Act 1999, and
(iv) any direction for compensation under section 94 (Directions for compensation for injury) or 97 (Directions for compensation for loss) of the Victims Rights and Support Act 2013, and
(iva) any child protection registration order under section 3D of the Child Protection (Offenders Registration) Act 2000, and
(v) any order or direction with respect to restitution, compensation, forfeiture, destruction, disqualification or loss or suspension of a licence or privilege, or
(b) any order made by the Local Court in respect of a person under section 10 or 11 of the Crimes (Sentencing Procedure) Act 1999 on finding the person guilty of an offence, or
(ba) any order made by the Local Court revoking a good behaviour bond and any order made as a consequence of the revocation of the good behaviour bond, or
(c) any order for restitution made by the Local Court in respect of a person under section 43 of the Criminal Procedure Act 1986, or
(d) any order for costs made by a Magistrate against a person in connection with committal proceedings taken against the person, or
(e) any order for costs made by the Local Court against a person in connection with summary proceedings taken against the person, or
(f) (Repealed)
(a) the Industrial Relations Act 1996, or
(b) the Work Health and Safety Act 2011.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
In the case of an application or appeal in relation to a decision of the Children’s Court under Part 3 of the Children (Criminal Proceedings) Act 1987—
(a) a reference in this Act to a
conviction includes a reference to a finding of guilt under that Act, and(b) a reference in this Act to a
sentence includes a reference to an order made on the finding of guilt under that Act.
In this Act, a reference to
(a) a reference to varying the severity of the sentence, and
(b) a reference to setting aside the sentence and imposing some other sentence of a more or less severe nature, and
(c) a reference to varying or revoking a condition of, or imposing a new condition on, an intensive correction order, community correction order or conditional release order.
Without limiting subsection (3), a power conferred on an appeal court under this Act to vary a sentence includes the power to make an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 and, for that purpose, to set aside a conviction made by the original Local Court (without setting aside the finding of guilt on which the conviction is based) to enable the order to be made.
Notes included in the text of this Act do not form part of this Act.
An application for annulment of a conviction or sentence made or imposed by the Local Court may be made to the Local Court sitting at the place at which the original Local Court proceedings were held.
An application may be made by the defendant or by the prosecutor. However, an application by the defendant may be made only if—
(a) in the case of an application for an annulment of a conviction—the defendant was not in appearance before the Local Court when the conviction was made, or
(b) in the case of an application for an annulment of a sentence—the defendant was not in appearance before the Local Court when the sentence was imposed.
A defendant may not make an application for annulment of a conviction or sentence under this section if the defendant had lodged a notice in writing under section 182 of the Criminal Procedure Act 1986 in respect of the offence for which the defendant was convicted or the sentence was imposed.
An application under this section must be made—
(a) within 2 years after the relevant conviction or sentence is made or imposed, or
(b) if an application has been made to the Attorney General under section 5 within that 2-year period, within 2 years after the application under section 5 has been disposed of under this Part.
Except by leave of the Local Court, a person may not make more than one application under this section in relation to the same matter.
An application must be in writing, and must be lodged with a registrar of the Local Court.
(Repealed)
Without limiting section 4, the Local Court may, on its own motion in the interest of justice, decide to annul a conviction or sentence made or imposed by the Court if the defendant was not in appearance in proceedings before the Court when the conviction or sentence was made or imposed.
An application for annulment of a conviction or sentence made or imposed by the Local Court may be made to the Attorney General by any person.
An application under this section may be made at any time after the relevant conviction or sentence is made or imposed.
If satisfied that a question or doubt exists—
(a) as to the defendant’s guilt, or
(b) as to the defendant’s liability for a penalty,
the Attorney General may refer the application to the Local Court sitting at the place at which the original Local Court proceedings were held.
As soon as practicable after an application for annulment is received by the Local Court, the relevant registrar of the Local Court must notify the applicant and other interested parties of the date, time and place fixed for dealing with the application.
The Local Court may deal with an application for annulment, despite any omission or error in the notice or despite the notice having not been served on an interested party, if it is satisfied that the party—
(a) is aware of the date, time and place fixed for dealing with the application and has not been prejudiced as a consequence of the notice having not been served, or
(b) is avoiding service of the notice or cannot, after reasonable search and inquiry, be found.
The Local Court may deal with an application for annulment in the presence or absence of the parties and in open court or in private.
When dealing with an application for annulment, the Local Court may stay the execution of the sentence concerned subject to such terms and conditions as it thinks fit.
The rules of court made under the Local Court Act 2007 may make provision for or with respect to procedure and evidence for the purposes of the hearing of applications for annulment.
The Local Court must grant an application for annulment made by the prosecutor if it is satisfied that, having regard to the circumstances of the case, there is just cause for doing so.
The Local Court must grant an application for annulment made by the defendant if it is satisfied—
(a) that the defendant was not aware of the original Local Court proceedings until after the proceedings were completed, or
(b) that the defendant was otherwise hindered by accident, illness, misadventure or other cause from taking action in relation to the original Local Court proceedings, or
(c) that, having regard to the circumstances of the case, it is in the interests of justice to do so.
The Local Court must notify each of the interested parties of its decision as to an application for annulment or of its decision under section 4A.
If its decision is to annul the relevant conviction or sentence, the Local Court—
(a) must deal with the original matter afresh (either immediately or at a later date), and
(b) unless it does so immediately, must notify each of the interested parties of the date, time and place fixed for dealing with the original matter.
The Local Court is to deal with the original matter as if no conviction or sentence had been previously made or imposed.
The original matter need not be dealt with by the Magistrate who ordered the annulment of the conviction or sentence, but may be dealt with by any Magistrate, including the Magistrate by whom the matter was dealt with in the original Local Court proceedings.
In this section,
On being annulled, a conviction or sentence ceases to have effect and any enforcement action previously taken is to be reversed.
The annulment of a conviction for an offence that has been heard together with another offence for which a conviction has been made does not prejudice the conviction for the other offence.
If a fine is annulled, any amount paid towards the fine is repayable to the person by whom it was paid.
The Consolidated Fund is appropriated to the extent necessary to give effect to subsection (3).
An application for annulment under this Part, or a decision of the Local Court under section 4A, may be made in relation to a finding of guilt made by the Local Court, whether or not the Court proceeds to conviction, and this Part applies in respect of any such application or decision accordingly.
For that purpose—
(a) a reference in this Part to a
conviction includes a reference to a finding of guilt, and(b) a reference in this Part to a
sentence includes any order made under section 10 or 11 of the Crimes (Sentencing Procedure) Act 1999 on finding a person guilty of an offence.
Any person who has been convicted or sentenced by the Local Court may appeal to the District Court against the conviction or sentence (or both).
Subsection (1) does not apply in respect of a conviction if the person was convicted in the person’s absence or following the person’s plea of guilty.
Any person whose application under section 4 for annulment of a sentence has been refused by the Local Court may appeal to the District Court against the sentence.
An appeal must be made—
(a) within 28 days after sentence is imposed, or
(b) if an application for annulment of the conviction or sentence has been made under Part 2 within that 28-day period, within 28 days after the Part 2 application is disposed of under that Part,
but (in the case of an appeal against a conviction) may not be made before sentence is imposed.
Any defendant whose application under section 4 for annulment of a conviction has been refused by the Local Court may appeal to the District Court against the refusal.
An appeal under this section must be made within 28 days after the Local Court notifies the defendant of its refusal of the application.
Not more than one appeal may be made under this section in respect of any particular conviction.
Any person who has been convicted by the Local Court in the person’s absence or following the person’s plea of guilty may appeal to the District Court against the conviction, but only by leave of the District Court.
An application for leave to appeal may not be made in relation to a conviction in respect of which the defendant—
(a) is entitled to make an application under section 4 but has not done so, or
(b) has made an application under section 4 but the application has not been disposed of under Part 2.
An application for leave to appeal must be made—
(a) within 28 days after (but not before) the sentence imposed after the relevant conviction is made, or
(b) if an application for annulment of the conviction has been made under Part 2 within that 28-day period, within 28 days after the Part 2 application is disposed of under that Part.
An appeal to the District Court may be made—
(a) by any person by whom an appeal could be made under section 11, but for section 11 (2), and
(a1) by any defendant by whom an appeal could be made under section 11A, but for section 11A (2), and
(b) by any person by whom an application for leave to appeal could be made under section 12, but for section 12 (3),
but only by leave of the District Court.
An application for leave to appeal must be made within 3 months after the relevant conviction or sentence is made or imposed, or the relevant application under section 4 is refused, as the case may require.
An appeal under section 11 or 11A is to be made by lodging a written notice of appeal with—
(a) a registrar of the Local Court, or
(b) the person in charge of the place where the appellant is in custody.
A notice of appeal must state the general grounds of appeal.
An application for leave to appeal under section 12 or 13 is to be made by lodging a written application for leave to appeal, together with a written notice of appeal, with—
(a) a registrar of the Local Court, or
(b) the person in charge of the place where the appellant is in custody.
An application for leave to appeal must state the general grounds of the application and, in the case of an application under section 13, must state the reasons why an appeal or application for leave to appeal was not made within the time allowed by section 11, 11A or 12, as the case may be.
On the granting of leave to appeal, an appeal is taken to have been made in accordance with the written notice of appeal referred to in subsection (3).
The person with whom a notice of appeal or application for leave to appeal is lodged must immediately forward a copy of it to—
(a) the prosecutor in the original Local Court proceedings, and
(b) the relevant registrar of the Local Court, if the person is not that registrar, and
(c) the Director of Public Prosecutions.
As soon as practicable after receiving a notice of appeal or application for leave to appeal, the relevant registrar of the Local Court must send the relevant papers (including a copy of any relevant order or conviction made by the Local Court) to a registrar of the District Court.
The District Court may determine an application for leave to appeal by dismissing the application or by granting leave to appeal.
Leave to appeal must not be granted in relation to an application under section 13 unless the District Court is satisfied that it is in the interests of justice that leave be granted.
If the District Court dismisses an application for leave to appeal, it may make such order as to the costs to be paid by the appellant as it thinks just.
If the District Court grants leave to appeal, it may proceed to hear the appeal immediately or it may adjourn the appeal proceedings.
The District Court may determine an application under section 11A by dismissing the application or by granting it.
Pending the determination of the application, the District Court may stay the execution of any sentence relating to the conviction concerned subject to such terms and conditions as it thinks fit.
If the District Court grants the application, the District Court must remit the matter to the Local Court.
The Local Court is to deal under section 9 with any matter remitted to it under this section as if the application under section 4 in respect of the matter had been granted by the Local Court.
An appeal against sentence is to be by way of a rehearing of the evidence given in the original Local Court proceedings, although fresh evidence may be given in the appeal proceedings.
An appeal against conviction is to be by way of rehearing on the basis of evidence given in the original Local Court proceedings, except as provided by section 19.
Fresh evidence may be given, but only by leave of the District Court which may be granted only if the Court is satisfied that it is in the interests of justice that the fresh evidence be given.
The parties to an appeal are each entitled to be provided with one free copy of the transcripts of evidence relevant to the appeal and, if fresh evidence is given, one free copy of the transcript of the fresh evidence.
The District Court may direct a person to attend and give evidence in proceedings on an appeal against conviction if it is satisfied—
(a) in the case of an appeal that relates to an offence involving violence against that person, that there are special reasons why, in the interests of justice, the person should attend and give evidence, or
(b) in any other case, that there are substantial reasons why, in the interests of justice, the person should attend and give evidence.
An application for such a direction may be made by a party to the proceedings in relation to a particular person only if notice of the party’s intention to make such an application has been served on each other party to the proceedings within such period as the District Court may direct.
If an application for such a direction is refused, the District Court must give reasons for the refusal.
A direction may be withdrawn only on the application, or with the consent, of the appellant.
The regulations may make provision for or with respect to the determination of special or substantial reasons for the purposes of subsection (1).
Without limiting subsection (5), in determining whether special or substantial reasons exist, the District Court must have regard to whether or not the appellant was legally represented for the whole or any part of the original Local Court proceedings.
The District Court may determine an appeal against conviction—
(a) by setting aside the conviction, or
(b) by dismissing the appeal, or
(c) in the case of an appeal made with leave under section 12 (1)—by setting aside the conviction and remitting the matter to the original Local Court for redetermination in accordance with any directions of the District Court.
The District Court may determine an appeal against sentence—
(a) by setting aside the sentence, or
(b) by varying the sentence, or
(c) by dismissing the appeal.
If an appeal or application for leave to appeal is dismissed because of the appellant’s failure to appear, the registrar of the District Court for the proclaimed place (within the meaning of the District Court Act 1973) at which the appeal or application is dismissed must cause notice of that fact to be served on the appellant.
Such a notice must state the following—
(a) that the District Court has dismissed the appeal or application,
(b) that the appellant is entitled to apply for the setting aside of the order by which the order dismissing the appeal or application was made,
(c) that any such application must be made within 12 months after the date on which the order dismissing the appeal or application was made.
An application may be made to the District Court for the setting aside of an order under section 21 that has dismissed an appeal or application for leave to appeal because of the appellant’s failure to appear (a
An application under this section must be made within 12 months after the date on which the dismissal order is made.
After hearing such an application, the District Court may set aside the dismissal order, either unconditionally or subject to conditions, if it is satisfied—
(a) that the appellant has shown sufficient cause for the failure to appear, and
(b) that it is in the interests of justice that the appeal or application be heard.
Section 60 applies to any sentence in respect of which a dismissal order is set aside.
No action lies against any person for anything done or omitted to be done by the person in good faith, and without notice of the setting aside of a dismissal order, for the purpose of enforcing the conviction or sentence the subject of the appeal to which the order relates.
The Director of Public Prosecutions may appeal to the District Court against a sentence imposed on a person by the Local Court in any of the following proceedings—
(a) proceedings for any indictable offence that has been dealt with summarily,
(b) proceedings for any prescribed summary offence (within the meaning of the Director of Public Prosecutions Act 1986),
(c) proceedings for any summary offence that has been prosecuted by or on behalf of the Director of Public Prosecutions.
The prosecutor may appeal to the District Court against—
(a) any order for costs made by a Magistrate against the prosecutor in respect of committal proceedings taken by the prosecutor, or
(b) any order for costs made by the Local Court against the prosecutor in respect of summary proceedings taken by the prosecutor.
An appeal against a sentence or an order for costs must be made within 28 days after the relevant sentence is imposed or the order for costs is made.
Despite subsection (3), an appeal may be lodged more than 28 days after the relevant sentence is imposed if—
(a) the sentence has been reduced on the defendant’s undertaking to assist law enforcement authorities (as referred to in section 23 of the Crimes (Sentencing Procedure) Act 1999), and
(b) the defendant has failed, whether wholly or partly, to fulfil the undertaking.
An appeal under section 23 is to be made by lodging a written notice of appeal with a registrar of the Local Court.
A notice of appeal must state the general grounds of appeal.
The person with whom a notice of appeal is lodged must immediately forward a copy of it to—
(a) the defendant in the original Local Court proceedings, and
(b) the relevant registrar of the Local Court, if the person is not that registrar.
As soon as practicable after receiving a notice of appeal, the relevant registrar of the Local Court must send the relevant papers (including a copy of any relevant order or conviction made by the Local Court) to a registrar of the District Court.
An appeal against sentence is to be by way of a rehearing of the evidence given in the original Local Court proceedings, although fresh evidence may be given in the appeal proceedings, but only by leave of the District Court.
Leave to give fresh evidence may be granted to the Director of Public Prosecutions only in exceptional circumstances.
The District Court may determine an appeal against sentence—
(a) by setting aside the sentence, or
(b) by varying the sentence, or
(c) by dismissing the appeal.
The District Court may determine an appeal against an order referred to in section 23 (2)—
(a) by setting aside the order and making such other order as it thinks just, or
(b) by dismissing the appeal.
Without limiting its other powers, the District Court may do any one or more of the following—
(a) it may specify the proclaimed place (within the meaning of the District Court Act 1973) at which the hearing of an appeal or application for leave to appeal is to be heard or continued,
(b) it may specify the sitting at which the hearing of an appeal or application for leave to appeal is to be heard or continued,
(c) it may adjourn the hearing of an appeal or application for leave to appeal.
In determining an appeal, the District Court may exercise any function that the Local Court could have exercised in the original Local Court proceedings.
Subject to section 70, the District Court may make such order as to the costs to be paid by either party (including the Crown) as it thinks just.
No appeal may be made to the District Court under this Part against a decision of the Local Court—
(a) in relation to an environmental offence against which an appeal may be made under Part 4, or
(b) that is or has previously been the subject of an appeal or application for leave to appeal to the District Court under this Part, or
(c) that is or has previously been the subject of an appeal or application for leave to appeal to the Supreme Court under Part 5.
Subsection (1) (c) does not prevent a person who has made an appeal or application for leave to appeal to the Supreme Court under Part 5 from making an appeal or application for leave to appeal to the District Court under this Part if—
(a) the Supreme Court has remitted the matter on appeal to the Local Court for redetermination, and the Local Court has redetermined the matter, or
(b) the Supreme Court has refused leave to appeal in relation to an appeal made on a ground of mixed law and fact.
No application to set aside or vary any conviction or sentence of the Local Court that could be the subject of an appeal under this Part may be made to the District Court (whether in its civil or criminal jurisdiction) except by way of an appeal under this Part.
Rules of court may be made under the District Court Act 1973 with respect to the jurisdiction conferred by this Part on the District Court.
Any person who has been convicted or sentenced by the Local Court with respect to an environmental offence may appeal to the Land and Environment Court against the conviction or sentence.
Subsection (1) does not apply in respect of a conviction if the person was convicted in the person’s absence or following the person’s plea of guilty.
An appeal must be made—
(a) within 28 days after sentence is imposed, or
(b) if an application for annulment of the conviction or sentence has been made under Part 2 within that 28-day period, within 28 days after the Part 2 application is disposed of under that Part,
but (in the case of an appeal against conviction) may not be made before sentence is imposed.
Any person who has been convicted by the Local Court, in the person’s absence or following the person’s plea of guilty, with respect to an environmental offence may appeal to the Land and Environment Court against the conviction, but only on a ground that involves a question of law alone, and only by leave of the Land and Environment Court.
Any person against whom—
(a) an order has been made by a Magistrate in relation to the person in any committal proceedings with respect to an environmental offence, or
(b) an interlocutory order has been made by the Local Court in relation to the person in summary proceedings with respect to an environmental offence,
may appeal to the Land and Environment Court against the order, but only on a ground that involves a question of law alone, and only by leave of the Land and Environment Court.
An application for leave to appeal under subsection (1) may not be made in relation to a conviction in respect of which the defendant—
(a) is entitled to make an application under section 4 but has not done so, or
(b) has made an application under section 4 but the application has not been disposed of under Part 2.
An application for leave to appeal must be made—
(a) in the case of a conviction referred to in subsection (1)—
(i) within 28 days after sentence is imposed, or
(ii) if an application for annulment of the conviction has been made under Part 2 within that 28-day period, within 28 days after the Part 2 application is disposed of under that Part,
but may not be made before sentence is imposed, or
(b) in the case of an order referred to in subsection (2), within 28 days after the relevant order is made.
An appeal to the Land and Environment Court may be made—
(a) by any person by whom an appeal could be made under section 31, but for section 31 (2), and
(b) by any person by whom an application for leave to appeal could be made under section 32, but for section 32 (4),
but only by leave of the Land and Environment Court.
An application for leave to appeal must be made within 3 months after the relevant conviction, sentence or order is made or imposed.
An appeal under section 31 is to be made by lodging a written notice of appeal with—
(a) the Registrar of the Land and Environment Court, or
(b) the person in charge of the place where the appellant is in custody.
A notice of appeal must state the general grounds of appeal.
An application for leave to appeal under section 32 or 33 is to be made by lodging a written application for leave to appeal, together with a written notice of appeal, with—
(a) the Registrar of the Land and Environment Court, or
(b) the person in charge of the place where the appellant is in custody.
An application for leave to appeal must state the general grounds of the application and, in the case of an application under section 33, must state the reasons why an appeal or an application for leave to appeal was not made within the time allowed by section 31 or 32, as the case may be.
On the granting of leave to appeal, an appeal is taken to have been made in accordance with the written notice of appeal referred to in subsection (3).
The person with whom a notice of appeal or application for leave to appeal is lodged must immediately forward a copy of it to—
(a) the prosecutor in the original Local Court proceedings, and
(b) the relevant registrar of the Local Court, if the person is not that registrar, and
(c) the Director of Public Prosecutions.
As soon as practicable after receiving a notice of appeal or application for leave to appeal, the relevant registrar of the Local Court must send the relevant papers (including a copy of any relevant order or conviction made by the Local Court) to the registrar of the Land and Environment Court.
The Land and Environment Court may determine an application for leave to appeal by dismissing the application or by granting leave to appeal.
Leave to appeal must not be granted in relation to an application under section 33 unless the Land and Environment Court is satisfied that it is in the interests of justice that leave be granted.
If the Land and Environment Court dismisses an application for leave to appeal, it may make such order as to the costs to be paid by the appellant as it thinks just.
If the Land and Environment Court grants leave to appeal, it may proceed to hear the appeal immediately or it may adjourn the appeal proceedings.
An appeal against conviction is to be by way of rehearing on the basis of evidence given in the original Local Court proceedings, except as provided by section 38.
Fresh evidence may be given, but only by leave of the Land and Environment Court which may be granted only if the Court is satisfied that it is in the interests of justice that the fresh evidence be given.
The parties to an appeal are each entitled to be provided with one free copy of the transcripts of evidence relevant to the appeal and, if fresh evidence is given, one free copy of the transcript of the fresh evidence.
The Land and Environment Court may direct a person to attend and give evidence in proceedings on an appeal against conviction if it is satisfied that there are substantial reasons why, in the interests of justice, the person should attend and give evidence.
An application for such a direction may be made by a party to the proceedings in relation to a particular person only if notice of the party’s intention to make such an application has been served on each other party to the proceedings within such period as the Land and Environment Court may direct.
If an application for such a direction is refused, the Land and Environment Court must give reasons for the refusal.
A direction may be withdrawn only on the application, or with the consent, of the appellant.
The regulations may make provision for or with respect to the determination of substantial reasons under subsection (1).
Without limiting subsection (5), in determining whether substantial reasons exist, the Land and Environment Court must have regard to whether or not the appellant was legally represented for the whole or any part of the original Local Court proceedings.
The Land and Environment Court may determine an appeal against conviction—
(a) by setting aside the conviction, or
(b) by dismissing the appeal, or
(c) in the case of an appeal made with leave under section 32 (1)—by setting aside the conviction and remitting the matter to the original Local Court for redetermination in accordance with any directions of the Land and Environment Court.
The Land and Environment Court may determine an appeal against sentence—
(a) by setting aside the sentence, or
(b) by varying the sentence, or
(c) by dismissing the appeal.
The Land and Environment Court may determine an appeal against an order referred to in section 32 (2) (a) or (b)—
(a) by setting aside the order and making such other order as it thinks just, or
(b) by dismissing the appeal.
If an appeal or application for leave to appeal is dismissed because of the appellant’s failure to appear, the registrar of the Land and Environment Court must cause notice of that fact to be served on the appellant.
Such a notice must state the following—
(a) that the Land and Environment Court has dismissed the appeal or application,
(b) that the appellant is entitled to apply for the setting aside of the order by which the order dismissing the appeal or application was made,
(c) that such an application must be made within 12 months after the date on which the order dismissing the appeal or application was made.
An application may be made to the Land and Environment Court for the setting aside of an order under section 40 that has dismissed an appeal or application for leave to appeal because of the appellant’s failure to appear (a
An application under this section must be made within 12 months after the date on which the dismissal order is made.
After hearing such an application, the Land and Environment Court may set aside the dismissal order, either unconditionally or subject to conditions, if it is satisfied—
(a) that the appellant has shown sufficient cause for the failure to appear, and
(b) that it is in the interests of justice that the appeal or application be heard.
Section 60 applies to any sentence in respect of which a dismissal order is set aside.
No action lies against any person for anything done or omitted to be done by the person in good faith, and without notice of the setting aside of a dismissal order, for the purpose of enforcing the conviction or sentence the subject of the appeal to which the order relates.
The Director of Public Prosecutions may appeal to the Land and Environment Court against a sentence imposed on a person by the Local Court in relation to an environmental offence for which proceedings have been prosecuted by or on behalf of a public authority (other than the Environment Protection Authority).
The Environment Protection Authority may appeal to the Land and Environment Court against a sentence imposed on a person by the Local Court in relation to an environmental offence for which proceedings have been prosecuted by or on behalf of the Environment Protection Authority.
The prosecutor (other than the Director of Public Prosecutions or the Environment Protection Authority) may appeal to the Land and Environment Court against a sentence imposed by the Local Court in any summary proceedings in relation to an environmental offence, but only on a ground that involves a question of law alone.
The prosecutor (including the Director of Public Prosecutions or the Environment Protection Authority) may appeal to the Land and Environment Court against—
(a) an order made by the Local Court that stays any summary proceedings for the prosecution of an environmental offence, or
(b) an order made by the Local Court dismissing a matter the subject of any summary proceedings with respect to an environmental offence, or
(c) an order for costs made by the Local Court against the prosecutor in any summary proceedings with respect to an environmental offence,
but only on a ground that involves a question of law alone.
An appeal must be made within 28 days after the relevant sentence is imposed.
Despite subsection (3), an appeal may be lodged more than 28 days after the relevant sentence is imposed if—
(a) the sentence has been reduced on the defendant’s undertaking to assist law enforcement authorities (as referred to in section 23 of the Crimes (Sentencing Procedure) Act 1999), and
(b) the defendant has failed, whether wholly or partly, to fulfil the undertaking.
The Director of Public Prosecutions may appeal to the Land and Environment Court against—
(a) an order that has been made by a Magistrate in relation to a person in any committal proceedings with respect to an environmental offence, or
(b) an interlocutory order that has been made by the Local Court in relation to a person in summary proceedings with respect to an environmental offence,
being an offence for which proceedings have been prosecuted by or on behalf of a public authority (other than the Environment Protection Authority), but only on a ground that involves a question of law alone, and only by leave of the Land and Environment Court.
The Environment Protection Authority may appeal to the Land and Environment Court against—
(a) an order that has been made by a Magistrate in relation to a person in any committal proceedings with respect to an environmental offence, or
(b) an interlocutory order that has been made by the Local Court in relation to a person in summary proceedings with respect to an environmental offence,
being an offence for which proceedings have been prosecuted by or on behalf of the Environment Protection Authority, but only on a ground that involves a question of law alone, and only by leave of the Land and Environment Court.
An application for leave to appeal must be made within 28 days after the relevant order is made.
An appeal under section 42 is to be made by lodging a written notice of appeal with the registrar of the Land and Environment Court.
A notice of appeal must state the general grounds of appeal.
An application for leave to appeal under section 43 is to be made by lodging a written application for leave to appeal, together with a written notice of appeal, with the registrar of the Land and Environment Court.
An application for leave to appeal must state the general grounds of the application.
The person with whom a notice of appeal or application for leave to appeal is lodged must immediately forward a copy of it to—
(a) the defendant in the original Local Court proceedings, and
(b) the relevant registrar of the Local Court, if the person is not that registrar.
As soon as practicable after receiving a notice of appeal or application for leave to appeal, the relevant registrar of the Local Court must send the relevant papers (including a copy of any relevant order or conviction made by the Local Court) to the registrar of the Land and Environment Court.
The Land and Environment Court may determine an application for leave to appeal by dismissing the application or by granting leave to appeal.
If the Land and Environment Court dismisses an application for leave to appeal, it may make such order as to the costs to be paid by the Director of Public Prosecutions as it thinks just.
If the Land and Environment Court grants leave to appeal, it may proceed to hear the appeal immediately or it may adjourn the appeal proceedings.
An appeal is to be dealt with by way of a rehearing of the evidence given in the original Local Court proceedings, although fresh evidence may be given in the appeal proceedings, but only by leave of the Land and Environment Court.
Leave to give fresh evidence may be granted to the Director of Public Prosecutions or Environment Protection Authority only in exceptional circumstances.
The Land and Environment Court may determine an appeal against sentence—
(a) by setting aside the sentence, or
(b) by varying the sentence, or
(c) by dismissing the appeal.
The Land and Environment Court may determine an appeal against an order referred to in section 43 (1) (a) or (b) or (1A) (a) or (b)—
(a) by setting aside the order and making such other order as it thinks just, or
(b) by dismissing the appeal.
The Land and Environment Court may determine an appeal against an order referred to in section 42 (2B)—
(a) by setting aside the order and making such other order as it thinks just, or
(b) by setting aside the order and remitting the matter to the original Local Court for redetermination in accordance with any directions of the Land and Environment Court, or
(c) by dismissing the appeal.
Without limiting its other powers, the Land and Environment Court may do any one or more of the following—
(a) it may specify the sitting at which the hearing of an appeal or application for leave to appeal is to be heard or continued,
(b) it may adjourn the hearing of an appeal or application for leave to appeal.
In determining an appeal, the Land and Environment Court may exercise any function that the Local Court could have exercised in the original Local Court proceedings.
In determining an appeal against an order referred to in section 43 (1) (a) or (b) or (1A) (a) or (b), the Land and Environment Court has the same jurisdiction as the Supreme Court with respect to such an appeal.
Subject to section 70, the Land and Environment Court may make such order as to the costs to be paid by either party (including the Crown) as it thinks just.
No appeal may be made to the Land and Environment Court under this Part against a decision of the Local Court—
(a) that is or has previously been the subject of an appeal or application for leave to appeal to the Land and Environment Court under this Part, or
(b) that is or has previously been the subject of an appeal or application for leave to appeal to the Supreme Court under Part 5.
Subsection (1) (b) does not prevent a person who has made an appeal or application for leave to appeal to the Supreme Court under Part 5 from making an appeal or application for leave to appeal to the Land and Environment Court under this Part if—
(a) the Supreme Court has remitted the matter on appeal to the Local Court for redetermination, and the Local Court has redetermined the matter, or
(b) the Supreme Court has refused leave to appeal in relation to—
(i) an appeal made on a ground of mixed law and fact, or
(ii) an appeal with respect to an environmental offence.
No application to set aside or vary any conviction or sentence of the Local Court that could be the subject of an appeal under this Part may be made to the Land and Environment Court (whether in its civil or criminal jurisdiction) except by way of an appeal under this Part.
Rules of court may be made under the Land and Environment Court Act 1979 with respect to the jurisdiction conferred by this Part on the Land and Environment Court.
Any person who has been convicted or sentenced by the Local Court, otherwise than with respect to an environmental offence or a workplace relations offence, may appeal to the Supreme Court against the conviction or sentence, but only on a ground that involves a question of law alone.
An appeal must be made within such period after the date of the conviction or sentence as may be prescribed by rules of court.
Any person who has been convicted or sentenced by the Local Court, otherwise than with respect to an environmental offence or a workplace relations offence, may appeal to the Supreme Court against the conviction or sentence on a ground that involves—
(a) a question of fact, or
(b) a question of mixed law and fact,
but only by leave of the Supreme Court.
Any person who has been convicted or sentenced by the Local Court with respect to an environmental offence, or a workplace relations offence, may appeal to the Supreme Court against the conviction or sentence, but only on a ground that involves a question of law alone, and only by leave of the Supreme Court.
Any person against whom—
(a) an order has been made by a Magistrate in relation to the person in any committal proceedings, or
(b) an interlocutory order has been made by the Local Court in relation to the person in summary proceedings,
may appeal to the Supreme Court against the order, but only on a ground that involves a question of law alone, and only by leave of the Supreme Court.
An application for leave to appeal must be made within such period after the date of the conviction, sentence or order as may be prescribed by rules of court.
The Supreme Court may determine an application for leave to appeal by dismissing the application or by granting leave to appeal.
Leave to appeal must not be granted in relation to an application with respect to an environmental offence unless the Supreme Court is satisfied that the appeal is likely to require the resolution of a matter relating to constitutional law or a matter of general application.
If the Supreme Court dismisses an application for leave to appeal, it may make such order as to the costs to be paid by the appellant as it thinks just.
If the Supreme Court grants leave to appeal, it may proceed to hear the appeal immediately or it may adjourn the appeal proceedings.
The Supreme Court may determine an appeal against conviction—
(a) by setting aside the conviction, or
(b) by setting aside the conviction and remitting the matter to the Local Court sitting at the place at which the original Local Court proceedings were held for redetermination in accordance with the Supreme Court’s directions, or
(c) by dismissing the appeal.
The Supreme Court may determine an appeal against sentence—
(a) by setting aside the sentence, or
(b) by varying the sentence, or
(c) by setting aside the sentence and remitting the matter to the Local Court sitting at the place at which the original Local Court proceedings were held for redetermination, in relation to sentence, in accordance with the Supreme Court’s directions, or
(d) by dismissing the appeal.
The Supreme Court may determine an appeal against an order referred to in section 53 (3) (a) or (b)—
(a) by setting aside the order and making such other order as it thinks just, or
(b) by dismissing the appeal.
The prosecutor may appeal to the Supreme Court against—
(a) a sentence imposed by the Local Court in any summary proceedings, or
(b) an order made by the Local Court that stays any summary proceedings for the prosecution of an offence, or
(c) an order made by the Local Court dismissing a matter the subject of any summary proceedings, or
(d) an order for costs made by a Magistrate against the prosecutor in any committal proceedings, or
(e) an order for costs made by the Local Court against the prosecutor in any summary proceedings,
other than an order or sentence with respect to an environmental offence, but only on a ground that involves a question of law alone.
An appeal must be made within such period after the date of the sentence or order as may be prescribed by rules of court.
The prosecutor may appeal to the Supreme Court against—
(a) a sentence imposed by the Local Court with respect to an environmental offence, or
(b) an order that has been made by a Magistrate in relation to a person in any committal proceedings, or
(c) an interlocutory order that has been made by the Local Court in relation to a person in summary proceedings,
but only on a ground that involves a question of law alone, and only by leave of the Supreme Court.
An application for leave to appeal must be made within such period after the date of the sentence or order as may be prescribed by rules of court.
The Supreme Court may determine an application for leave to appeal by dismissing the application or by granting leave to appeal.
Leave to appeal must not be granted in relation to an application with respect to an environmental offence unless the Supreme Court is satisfied that the appeal is likely to require the resolution of a matter relating to constitutional law or a matter of general application.
If the Supreme Court dismisses an application for leave to appeal, it may make such order as to the costs to be paid by the prosecutor as it thinks just.
If the Supreme Court grants leave to appeal, it may proceed to hear the appeal immediately or it may adjourn the appeal proceedings.
The Supreme Court may determine an appeal against sentence—
(a) by setting aside the sentence, or
(b) by varying the sentence, or
(c) by dismissing the appeal.
The Supreme Court may determine an appeal against an order referred to in section 56 (1) (b), (c), (d) or (e) or 57 (1) (b) or (c)—
(a) by setting aside the order and making such other order as it thinks just, or
(b) by dismissing the appeal.
A person may not appeal to the Supreme Court under this Part against a decision of the Local Court—
(a) that is or has previously been the subject of an appeal or application for leave to appeal to the Supreme Court under this Part, or
(b) that is or has previously been the subject of an appeal or application for leave to appeal to the Court of Criminal Appeal under the Criminal Appeal Act 1912.
Rules of court may be made under the Supreme Court Act 1970 with respect to the jurisdiction conferred by this Part on the Supreme Court.
A notice of appeal or application for leave to appeal is not invalid merely because of a defect, whether of substance or form, in the notice or application.
An appeal court hearing an appeal or application for leave to appeal may amend any such notice or application if it is satisfied that the notice or application is capable of amendment and ought to be amended.
Such an amendment may be made subject to such conditions as to adjournment as the appeal court thinks just.
An appeal court may dispose of an appeal or application for leave to appeal, despite the relevant notice or application having not been served on an interested party, if it is satisfied that the party—
(a) is aware of the date, time and place fixed for dealing with the appeal or application and has not been prejudiced as a consequence of the notice or application having not been served, or
(b) is avoiding service of the notice or application, or
(c) cannot, after reasonable search and inquiry, be found.
This section applies to—
(a) any sentence, and
(b) any penalty, restitution, compensation, forfeiture, destruction, disqualification or loss or suspension of a licence or privilege that arises under an Act as a consequence of a conviction,
in respect of which an appeal or application for leave to appeal is made under this Act.
The execution of any such sentence, and the operation of any such penalty, restitution, compensation, forfeiture, destruction, disqualification or loss or suspension of a licence or privilege, is stayed—
(a) except as provided by paragraphs (b) and (c), when notice of appeal is duly lodged, or
(b) in the case of an appellant whose appeal is the subject of an application for leave, when leave to appeal is granted, or
(c) in the case of an appellant who is in custody when the appeal is made or leave to appeal is granted, when the appellant is entitled to be released from custody on bail under section 14 of the Bail Act 2013 or bail is dispensed with under that Act.
Subsection (2) does not operate to stay a suspension or disqualification of a driver licence that arose as the consequence of a conviction if, immediately before the proceedings giving rise to the conviction, a suspension was in force under Division 4 of Part 7.4 of the Road Transport Act 2013 (or a former corresponding provision within the meaning of that Act) for the offence to which the conviction relates.
However, an appeal court may order that a suspension or disqualification referred to in subsection (2A) be stayed if the court considers a stay to be appropriate in the circumstances.
Subject to subsection (2A), subsection (2) operates to stay the operation of a disqualification of a driver licence that arises under an Act as a consequence of a conviction, whether the relevant appeal is against the conviction or the sentence imposed as a consequence of the conviction.
Subject to any order of the appeal court, a stay of execution continues in force until the appeal is finally determined.
Such an order is to be made only if the appeal court is satisfied, in proceedings on an application by the prosecutor, that the appellant has unduly delayed the appeal proceedings.
In this section, a reference to an appellant who is in custody includes a reference to a person who is the subject of an intensive correction order or home detention order within the meaning of the Crimes (Administration of Sentences) Act 1999.
If an appeal or application for leave to appeal has been duly made in respect of one conviction or sentence (the
A conviction, order or sentence is not to be set aside on an appeal merely because of—
(a) an omission or mistake in the form of the conviction or order, or
(b) an error in law in the order or sentence,
if it appears to the appeal court that there were sufficient grounds before the Local Court to have authorised a conviction, order or sentence free from the omission, mistake or error.
In such a case, the appeal court—
(a) may amend the conviction, order or sentence and determine the appeal as if the omission, mistake or error did not exist, or
(b) may remit the matter to the Local Court to make the conviction or order, or impose the sentence, authorised by law and to amend the conviction, order or sentence accordingly.
If an appeal court remits a matter to the Local Court and the Magistrate who made the original conviction or order or imposed the original sentence—
(a) has ceased to hold office as a Magistrate, or
(b) is for any other reason unable to continue to hear and determine the matter,
the matter is to be dealt with by another Magistrate nominated by the Chief Magistrate.
An appeal or application for leave to appeal may at any stage be withdrawn by the appellant, but only by leave of the appeal court.
In granting leave for an appeal or application for leave to appeal to be withdrawn, the appeal court may make such orders as are necessary to place the appellant as nearly as practicable in the same position as if the appeal or application had not been made.
Any order made by the appeal court in respect of an appeal or application for leave to appeal that is withdrawn is taken to have been made by the Local Court.
An appeal court may order that a conviction or sentence confirmed or varied by it on appeal, or any part of it—
(a) is to take effect (as confirmed or varied) on and from a day specified in the order, or
(b) in the case of a sentence that has been served in part, is to recommence (as confirmed or varied) on and from a day specified in the order,
being the day on which the order is made or an earlier day.
An appeal court may, for the purposes of making an order under subsection (1) in relation to a sentence that consists of, or includes, a disqualification from holding a driver licence (within the meaning of the Road Transport Act 2013), take into account—
(a) any period during which the defendant’s driver licence was suspended under section 224 of the Road Transport Act 2013 (or a former corresponding provision within the meaning of that Act), and
(b) any other periods after committing the offence to which the sentence relates during which the defendant held, or did not hold, a driver licence that would have permitted the defendant to drive a motor vehicle.
Section 224 of the Road Transport Act 2013 enables a police officer to suspend, by written notice, a person’s driver licence within 48 hours after the person is charged with certain offences involving alcohol or drug use under that Act. The suspension has effect until the charge is heard and determined by a court. Also, section 63 of this Act provides for the stay of the execution of a sentence pending determination of appeal under this Act.
The order has effect despite any stay of execution that has been in force in respect of the sentence appealed against.
An appeal court must not—
(a) dismiss a prosecution appeal against sentence, or
(b) impose a less severe sentence on any such appeal than the court would otherwise consider appropriate,
because of any element of double jeopardy involved in the respondent being sentenced again.
This section extends to an appeal under the Criminal Appeal Act 1912 and accordingly a reference in this section to an appeal court includes a reference to the Court of Criminal Appeal.
The following continue to have effect if an appeal court confirms a sentence on appeal—
(a) a good behaviour bond entered into by the appellant as a consequence of the original sentence,
(b) a community correction order or conditional release order made in relation to the appellant as a consequence of the original sentence.
The bond or order continues to have effect—
(a) according to its terms, except to the extent to which the appeal court otherwise directs, and
(b) despite any stay of execution that has been in force in respect of the sentence.
Costs are not to be awarded in favour of an appellant whose conviction is set aside unless the appeal court is satisfied—
(a) that the investigation into the alleged offence was conducted in an unreasonable or improper manner, or
(b) that the proceedings in the Local Court were initiated without reasonable cause or in bad faith, or were conducted by the prosecutor in an improper manner, or
(c) that the prosecutor unreasonably failed to investigate (or to investigate properly) any relevant matter—
(i) that the prosecutor was or ought reasonably to have been aware of, and
(ii) that suggested that the appellant might not be guilty or that, for any other reason, the proceedings should not have been brought, or
(d) that, because of other exceptional circumstances relating to the conduct of the proceedings by the prosecutor, it is just and reasonable to award costs in favour of the appellant.
This section does not apply to the awarding of costs against a respondent acting in a private capacity.
For the purposes of subsection (2), a person who, under the Prevention of Cruelty to Animals Act 1979, is an appointed officer employed by an approved charitable organisation is taken not to be acting in a private capacity if the officer acts as the respondent in any appeal arising from proceedings under that Act or section 9 (1) of the Veterinary Practice Act 2003.
An appeal court may not vary a sentence so that the sentence as varied could not have been imposed by the Local Court.
An appeal court may not make an order or impose a sentence that could not have been made or imposed by the Local Court.
Any sentence varied or imposed by an appeal court, and any order made by an appeal court under this Act, has the same effect and may be enforced in the same manner as if it were made by the Local Court.
An appeal court that orders an appellant or respondent to pay costs—
(a) (Repealed)
(b) must state a time within which the costs or other amount must be paid.
If a conviction or sentence is set aside on an appeal, the registrar of the appeal court must cause a memorandum to that effect to be endorsed on the conviction or on the order by which the sentence was imposed.
A copy of the memorandum is sufficient evidence that the conviction or sentence has been set aside.
In this Part—
(a) a verdict of the kind referred to in section 59(1)(c) or (d) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, being a verdict that the accused person committed the offence charged or an offence available as an alternative to the offence charged, or
(b) a special verdict of act proven but not criminally responsible entered at a trial, or following a special hearing under that Act, if the defence of mental health impairment or cognitive impairment was not set up as a defence by the person for whom the verdict was entered.
(a) Part 13A of the Crimes Act 1900 as in force before the repeal and transfer of those provisions to this Part by the Crimes (Appeal and Review) Amendment (DNA Review Panel) Act 2006, or
(b) section 475 of the Crimes Act 1900, or section 26 of the Criminal Appeal Act 1912, as in force before the repeal of those sections by the Crimes Legislation (Review of Convictions) Amendment Act 1993.
In this Part, a reference to a review of, or an inquiry into, a conviction or sentence includes a reference to a review of, or an inquiry into, any aspect of the proceedings giving rise to the conviction or sentence.
The jurisdiction of the Supreme Court under this Part is to be exercised by the Chief Justice or by a Judge of the Supreme Court who is authorised by the Chief Justice to exercise that jurisdiction.
References in this Part to the Supreme Court are to be construed accordingly.
A petition for a review of a conviction or sentence or the exercise of the Governor’s pardoning power may be made to the Governor by the convicted person or by another person on behalf of the convicted person.
After the consideration of a petition—
(a) the Governor may direct that an inquiry be conducted by a judicial officer into the conviction or sentence, or
(b) the Attorney General may refer the whole case to the Court of Criminal Appeal, to be dealt with as an appeal under the Criminal Appeal Act 1912, or
(c) the Attorney General may request the Court of Criminal Appeal to give an opinion on any point arising in the case.
Action under subsection (1) may only be taken if it appears that there is a doubt or question as to the convicted person’s guilt, as to any mitigating circumstances in the case or as to any part of the evidence in the case.
The Governor or the Attorney General may refuse to consider or otherwise deal with a petition. Without limiting the foregoing, the Governor or the Attorney General may refuse to consider or otherwise deal with a petition if—
(a) it appears that the matter—
(i) has been fully dealt with in the proceedings giving rise to the conviction or sentence (or in any proceedings on appeal from the conviction or sentence), or
(ii) has previously been dealt with under this Part or under the previous review provisions, or
(iii) has been the subject of a right of appeal (or a right to apply for leave to appeal) by the convicted person but no such appeal or application has been made, or
(iv) has been the subject of appeal proceedings commenced by or on behalf of the convicted person (including proceedings on an application for leave to appeal) where the appeal or application has been withdrawn or the proceedings have been allowed to lapse, and
(b) the Governor or the Attorney General is not satisfied that there are special facts or special circumstances that justify the taking of further action.
The Governor or the Attorney General may defer consideration of a petition if—
(a) the time within which an appeal may be made against the conviction or sentence (including an application for leave to appeal) is yet to expire, or
(b) the conviction or sentence is the subject of appeal proceedings (including proceedings on an application for leave to appeal) that are yet to be finally determined, or
(c) the petition fails to disclose sufficient information to enable the conviction or sentence to be properly considered.
The Attorney General must cause a report to be given to the registrar of the Criminal Division of the Supreme Court as to any action taken by the Governor or the Attorney General under this section (including a refusal to consider or otherwise deal with a petition).
A petition (however described) that does not expressly seek a review of a conviction or sentence or the exercise of the Governor’s pardoning power may be dealt with as if it did if the Attorney General is of the opinion that it should be so dealt with.
An application for an inquiry into a conviction or sentence may be made to the Supreme Court by the convicted person or by another person on behalf of the convicted person.
The registrar of the Criminal Division of the Supreme Court must cause a copy of any application made under this section to be given to the Minister.
After considering an application under section 78 or on its own motion—
(a) the Supreme Court may direct that an inquiry be conducted by a judicial officer into the conviction or sentence, or
(b) the Supreme Court may refer the whole case to the Court of Criminal Appeal, to be dealt with as an appeal under the Criminal Appeal Act 1912.
Action under subsection (1) may only be taken if it appears that there is a doubt or question as to the convicted person’s guilt, as to any mitigating circumstances in the case or as to any part of the evidence in the case.
The Supreme Court may refuse to consider or otherwise deal with an application. Without limiting the foregoing, the Supreme Court may refuse to consider or otherwise deal with an application if—
(a) it appears that the matter—
(i) has been fully dealt with in the proceedings giving rise to the conviction or sentence (or in any proceedings on appeal from the conviction or sentence), or
(ii) has previously been dealt with under this Part or under the previous review provisions, or
(iii) has been the subject of a right of appeal (or a right to apply for leave to appeal) by the convicted person but no such appeal or application has been made, or
(iv) has been the subject of appeal proceedings commenced by or on behalf of the convicted person (including proceedings on an application for leave to appeal) where the appeal or application has been withdrawn or the proceedings have been allowed to lapse, and
(b) the Supreme Court is not satisfied that there are special facts or special circumstances that justify the taking of further action.
The Supreme Court may defer consideration of an application under section 78 if—
(a) the time within which an appeal may be made against the conviction or sentence (including an application for leave to appeal) is yet to expire, or
(b) the conviction or sentence is the subject of appeal proceedings (including proceedings on an application for leave to appeal) that are yet to be finally determined, or
(c) the application fails to disclose sufficient information to enable the conviction or sentence to be properly considered.
This section does not authorise a direction to be given, or a referral to be made to the Court of Criminal Appeal, if the Supreme Court is satisfied that the grounds for the direction or referral arise only from—
(a) the fact that the convicted person was—
(i) questioned under section 24 of the Crime Commission Act 2012, or
(ii) required under section 24 or 29 of that Act to produce a document or thing, or
(b) either or both of the following—
(i) evidence obtained directly from that questioning or requirement,
(ii) any further information, evidence, document or thing obtained as a result of the questioning or the production of the document or thing.
Proceedings under this section are not judicial proceedings. However, the Supreme Court may consider any written submissions made by the Crown with respect to an application.
The registrar of the Criminal Division of the Supreme Court must report to the Minister as to any action taken by the Supreme Court under this section (including a refusal to consider or otherwise deal with an application).
An inquiry is to be conducted as soon as practicable after a direction for it has been given under section 77 or 79.
An inquiry under this Division is to be conducted by—
(a) a judicial officer appointed by the Governor, if the conduct of an inquiry was directed by the Governor, or
(b) a judicial officer appointed by the Chief Justice, if the conduct of an inquiry was directed by the Supreme Court.
The judicial officer conducting the inquiry has—
(a) the powers, authorities, protections and immunities conferred on a commissioner by Division 1 of Part 2 of the Royal Commissions Act 1923, and
(b) in the case of a person who is a Judge of the Supreme Court or whose instrument of appointment under this section expressly so provides, the powers and authorities conferred on a commissioner by Division 2 of Part 2 of the Royal Commissions Act 1923 (except for section 17).
The Royal Commissions Act 1923 applies to any witness summoned by or before the judicial officer conducting the inquiry (except for sections 13 and 17 and, subject to subsection (2) (b), Division 2 of Part 2).
If it appears that the character of any person (being a person who was a witness at the proceedings from which the conviction or sentence arose) may be affected by the inquiry, the judicial officer must permit the person to be present at the inquiry and to examine any witness who attends the inquiry.
The amendment made to section 68 by Schedule 1 [2] to the Courts Legislation Amendment Act 2003 extends to appeals that were commenced before the commencement of the amendment but not finally determined before that commencement.
Sections 11A and 16A, as inserted by the Courts Legislation Amendment Act 2004, and sections 13 and 14 as amended by that Act, extend to apply to and in respect of an application under section 4 that was refused by the Local Court before the commencement of Schedule 3 to that Act, unless, on that commencement, an appeal against the relevant conviction or sentence is pending in the District Court or has been dealt with by that Court.
The amendment to the definition of
In this Part—
Part 7 of this Act, as inserted by the amending Act, extends to convictions and sentences entered or imposed before the commencement of that Part.
A petition or application that was made under Part 13A of the Crimes Act 1900 before the repeal and transfer of that Part by the amending Act and that had not been finally determined under that Part immediately before its repeal is taken to be a petition or application under the corresponding provision of Part 7 of this Act.
Any referral or report with respect to such a petition or application that was made under Part 13A of the Crimes Act 1900 is taken to have been made under the corresponding provision of Part 7 of this Act.
An application to the Court of Criminal Appeal that was made under Part 13A of the Crimes Act 1900 before the repeal and transfer of that Part by the amending Act for the purpose of setting aside a conviction for an offence for which a free pardon has been granted and that had not been finally determined under that Part immediately before its repeal is taken to be an application under section 84 of this Act.
Any amendment made by the Crimes (Appeal and Review) Amendment Act 2009 applies only in respect of appeals, applications for leave to appeal and applications for annulment made after the commencement of the amendment.
Section 68A, as inserted by the Crimes (Appeal and Review) Amendment (Double Jeopardy) Act 2009, extends to an appeal that was commenced but not finally determined before the insertion of the section.
The amendment made to section 59 by the Courts and Other Legislation Further Amendment Act 2013 extends to an appeal that was commenced but not finally determined before the commencement of the amendment.
In this Part—
Section 96 (as amended by the amending Act) extends to biological material within the meaning of Part 7 of this Act obtained before the substitution of section 96 (1) by the amending Act that is in the possession or control of any members of the NSW Police Force (or members of any other authority of the State) on that substitution.
The DNA Review Panel is abolished on the abolition day.
Each member of the DNA Review Panel ceases to hold office as such on the abolition day.
A person who ceases to hold an office by operation of this clause is not entitled to any remuneration or compensation because of the loss of that office.
The DNA Review Panel ceases to have any functions under Division 6 of Part 7 of this Act on the abolition day (including the function of determining or finalising any pending applications to it under section 92).
If the DNA Review Panel arranged for a search for biological material or DNA testing (or both) following an application under section 92 before the abolition day and the results of the search or testing (or both) had not yet been provided to it by that day—
(a) the Commissioner of Police is authorised and required to arrange for the completion of any such search or DNA testing (or both), and
(b) the NSW Forensic & Analytical Science Service (or its successor) is authorised and required to complete any DNA testing arranged by the DNA Review Panel or the Commissioner of Police and provide the results to the Commissioner, and
(c) the Commissioner of Police is authorised and required to forward the results of any DNA testing provided to the Commissioner under this subclause to the applicant for the search and testing.
If the DNA Review Panel had disclosed the results of DNA testing to the Commissioner of Police before the abolition day but not to the applicant for the testing, the Commissioner of Police is authorised and required to forward the results to the applicant.
Nothing in this clause requires or permits the Commissioner of Police to disclose information obtained from the DNA testing of biological material obtained from a convicted person that may reveal the identity of a person other than the convicted person in connection with the offence for which he or she was convicted.
Section 94 (as in force immediately before its repeal by the amending Act) continues to apply in relation to any matter that was referred to the Court of Criminal Appeal under that section before that repeal if the proceedings in relation to that matter were not concluded by that time.
In this clause,
Section 79 (3B) applies in relation to relevant applications pending immediately before the commencement of that subsection, as well as to either or both of the following—
(a) relevant applications made on or after the commencement of that subsection,
(b) any action proposed to be done by the Supreme Court on or after that commencement when acting on its own motion under section 79.
A reference in section 79 (3B)—
(a) to section 24 of the Crime Commission Act 2012 is taken to include a reference to section 16 of the New South Wales Crime Commission Act 1985, and
(b) to section 29 of the Crime Commission Act 2012 is taken to include a reference to section 17 of the New South Wales Crime Commission Act 1985.
In this part—
Section 107(1)(e) does not apply to an acquittal of a person that occurred—
(a) on or before the commencement date, or
(b) after the commencement date in proceedings that commenced before the commencement date.
In this clause—
This clause applies to a conviction or sentence by the Local Court occurring—
(a) on or before the commencement date, or
(b) after the commencement date if the proceedings in relation to the conviction or sentence commenced before the commencement date.
The amending Act, Schedule 1.1[2]–[4] do not affect any right or privilege a person had before the commencement date to appeal a conviction or sentence by the Local Court to which this clause applies.
In this clause—
(Repealed)
Crimes (Appeal and Review) Act 2001 No 120 (formerly Crimes (Local Courts Appeal and Review) Act 2001). Minister’s second reading speech made: Legislative Assembly, 4.12.2001; Legislative Council, 13.12.2001. Assented to 19.12.2001. Date of commencement, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5975. This Act has been amended as follows—
No 100 | Crimes Legislation Amendment (Criminal Justice Interventions) Act 2002. Assented to 29.11.2002. Date of commencement of Sch 4, 24.2.2003, sec 2 (1) and GG No 49 of 21.2.2003, p 2198. | |
No 27 | Crimes Legislation Amendment Act 2003. Assented to 8.7.2003. Date of commencement of Sch 5, assent, sec 2 (1). | |
No 40 | Statute Law (Miscellaneous Provisions) Act 2003. Assented to 22.7.2003. Date of commencement of Sch 1.9, 7.7.2003, Sch 1.9 and GG No 104 of 27.6.2003, p 5975. | |
No 71 | Courts Legislation Amendment Act 2003. Assented to 20.11.2003. Date of commencement, 1.1.2004, sec 2 and GG No 196 of 12.12.2003, p 11172. | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2003. Assented to 27.11.2003. Date of commencement of Sch 1.11, 7.7.2003, Sch 1.11. | |
No 87 | Veterinary Practice Act 2003. Assented to 5.12.2003. Date of commencement of Sch 3.6, 1.9.2006, sec 2 (1) and GG No 111 of 1.9.2006, p 7064. | |
No 68 | Courts Legislation Amendment Act 2004. Assented to 6.7.2004. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 85 | Child Protection (Offenders Registration) Amendment Act 2004. Assented to 24.11.2004. Date of commencement, 30.9.2005, sec 2 and GG No 120 of 30.9.2005, p 7671. | |
No 91 | Statute Law (Miscellaneous Provisions) Act (No 2) 2004. Assented to 10.12.2004. Date of commencement of Sch 1.8, assent, sec 2 (2). | |
No 11 | Road Transport (General) Act 2005. Assented to 14.4.2005. Date of commencement of Sch 3.6, 30.9.2005, sec 2 (1) and GG No 120 of 30.9.2005, p 7674. | |
No 67 | Sporting Venues (Offenders Banning Orders) Act 2005. Assented to 29.9.2005. Date of commencement, 18.11.2005, sec 2 and GG No 141 of 18.11.2005, p 9647. | |
No 69 | Crimes (Appeal and Review) Amendment (Double Jeopardy) Act 2006. Assented to 19.10.2006. Date of commencement, 15.12.2006, sec 2 and GG No 186 of 15.12.2006, p 11524. | |
No 70 | Crimes (Appeal and Review) Amendment (DNA Review Panel) Act 2006. Assented to 19.10.2006. Date of commencement, 23.2.2007, sec 2 and GG No 33 of 23.2.2007, p 945. | |
No 107 | Crimes and Courts Legislation Amendment Act 2006. Assented to 29.11.2006. Date of commencement of Sch 1.8, assent, sec 2 (2). | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2007. Assented to 4.7.2007. Date of commencement of Schs 2 and 4, assent, sec 2 (2). | |
No 92 | Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Sch 4, 1.7.2008, sec 2 and GG No 76 of 27.6.2008, p 5867. | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Schs 1.26, 2, 3 and 7, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. The amendments made by Sch 1.26 [7] and [8] to secs 34, 44 and 72 were without effect as the provisions being amended were amended by the Crimes (Appeal and Review) Amendment Act 2009. | |
No 79 | Mental Health Legislation Amendment (Forensic Provisions) Act 2008. Assented to 5.11.2008. Date of commencement, 1.3.2009, sec 2 and GG No 44 of 27.2.2009, p 1229. | |
No 107 | Courts and Crimes Legislation Further Amendment Act 2008. Assented to 8.12.2008. Date of commencement of Sch 29, 7.4 2009, sec 2 (2) and 2009 (112) LW 3.4.2009. | |
No 4 | Crimes (Appeal and Review) Amendment Act 2009. Assented to 30.3.2009. Date of commencement, Sch 1 [15] excepted, assent, sec 2 (1); date of commencement of Sch 1 [15], 1.11.2009, sec 2 (2) and 2009 (521), LW 30.10.2009. | |
No 65 | Crimes (Appeal and Review) Amendment (Double Jeopardy) Act 2009. Assented to 24.9.2009. Date of commencement, assent, sec 2. | |
No 48 | Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010. Assented to 28.6.2010. Date of commencement of Sch 5, 1.10.2010, sec 2 and 2010 (532) LW 17.9.2010. | |
No 67 | Crimes Legislation Amendment Act 2012. Assented to 24.9.2012. Date of commencement, assent, sec 2. | |
No 1 | Courts and Other Legislation Further Amendment Act 2013. Assented to 28.2.2013. Date of commencement of Sch 1.9, assent, sec 2 (1). | |
No 4 | Crimes (Serious Sex Offenders) Amendment Act 2013. Assented to 19.3.2013. Date of commencement, assent, sec 2. | |
No 19 | Road Transport Legislation (Repeal and Amendment) Act 2013. Assented to 3.4.2013. Date of commencement, 1.7.2013, sec 2 and 2013 (329) LW 28.6.2013. | |
No 37 | Victims Rights and Support Act 2013. Assented to 3.6.2013. Date of commencement, assent, sec 2. | |
No 80 | Crimes and Courts Legislation Amendment Act 2013. Assented to 29.10.2013. Date of commencement, assent, sec 2. | |
No 110 | Crimes (Appeal and Review) Amendment (DNA Review Panel) Act 2013. Assented to 3.12.2013. Date of commencement, 23.2.2014, sec 2. | |
No 5 | Bail (Consequential Amendments) Act 2014. Assented to 12.3.2014. Date of commencement, 20.5.2014, sec 2 and 2014 (235) LW 24.4.2014. | |
No 82 | Crime Commission Legislation Amendment Act 2014. Assented to 28.11.2014. Date of commencement, assent, sec 2. | |
No 44 | Justice Legislation Amendment Act (No 2) 2017. Assented to 25.9.2017. Date of commencement of Sch 1.5, assent, sec 2 (1). | |
No 53 | Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017. Assented to 24.10.2017. Date of commencement, 24.9.2018, sec 2 and 2018 (534) LW 21.9.2018. Amended by Statute Law (Miscellaneous Provisions) Act 2018 No 25. Assented to 15.6.2018. Date of commencement, 29.6.2018, sec 2 (1). | |
No 68 | Terrorism (High Risk Offenders) Act 2017. Assented to 30.11.2017. Date of commencement of Sch 2.8, 19.1.2018, sec 2 (3) and 2018 (8) LW 19.1.2018. | |
No 70 | Government Sector Finance Legislation (Repeal and Amendment) Act 2018. Assented to 22.11.2018. Date of commencement of Sch 4.20, 1.7.2021, sec 2(1) and 2021 (305) LW 25.6.2021. | |
No 87 | Justice Legislation Amendment Act (No 3) 2018. Assented to 28.11.2018. Date of commencement of Sch 1.10, assent, sec 2 (1). | |
No 94 | Community Protection Legislation Amendment Act 2018. Assented to 28.11.2018. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 25 | Children’s Guardian Act 2019. Assented to 4.12.2019. Date of commencement of Sch 5.16, 1.3.2020, sec 2(1). | |
No 12 | Mental Health and Cognitive Impairment Forensic Provisions Act 2020. Assented to 23.6.2020. Date of commencement, 27.3.2021, sec 2 and 2021 (116) LW 19.3.2021. | |
No 26 | Stronger Communities Legislation Amendment (Crimes) Act 2020. Assented to 28.9.2020. Date of commencement, assent, sec 2. | |
No 51 | Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Act 2024. Assented to 15.8.2024. Date of commencement, assent, sec 2. | |
No 8 | Industrial Relations Amendment Act 2025. Assented to 2.3.2025. Date of commencement of Sch 1.1[1] [5] and [6], assent, sec 2(b); date of commencement of Sch 1.1[2]–[4] and [7], 1.5.2025, sec 2(a) and 2025 (182) LW 24.4.2025. |
Long title | Am 2006 No 69, Sch 2.1 [1]. |
Sec 1 | Am 2006 No 69, Sch 2.1 [2]. |
Sec 3 | Am 2002 No 100, Sch 4.1; 2003 No 27, Sch 5; 2003 No 71, Sch 1 [1]; 2004 No 85, Sch 2.1; 2005 No 67, Sch 2.1; 2006 No 69, Sch 1 [1]; 2006 No 107, Sch 1.8 [1]; 2007 No 92, Sch 4.4; 2007 No 94, Schs 1.26 [1], 2; 2008 No 107, Sch 29.3; 2009 No 4, Sch 1 [1]; 2010 No 48, Sch 5.5 [1]; 2012 No 67, Sch 4.1; 2013 No 37, Sch 3.5; 2017 No 53, Sch 4.10 [1] (am 2018 No 25, Sch 1.6 [13]) [2]; 2018 No 70, Sch 4.20; 2025 No 8, Sch 1.1[1]. |
Sec 4 | Am 2007 No 94, Schs 1.26 [2] [3], 2; 2013 No 80, Sch 2 [1]; 2020 No 26, Sch 1.6[1]. |
Sec 4A | Ins 2017 No 44, Sch 1.5 [1]. |
Sec 5 | Am 2003 No 40, Sch 1.9 [1]; 2007 No 94, Schs 1.26 [4], 2; 2020 No 26, Sch 1.6[2] [3]. |
Sec 6 | Am 2007 No 94, Schs 1.26 [5], 3. |
Sec 7 | Am 2007 No 94, Schs 1.26 [6], 3, 7. |
Sec 8 | Am 2007 No 94, Sch 3. |
Sec 9 | Am 2007 No 94, Sch 3; 2017 No 44, Sch 1.5 [2]. |
Sec 10A | Ins 2006 No 107, Sch 1.8 [2]. Am 2007 No 94, Sch 2; 2017 No 44, Sch 1.5 [3] [4]. |
Sec 11 | Am 2003 No 82, Sch 1.11 [1]; 2007 No 94, Sch 2; 2009 No 4, Sch 1 [2] [3]. |
Sec 11A | Ins 2004 No 68, Sch 3 [1]. Am 2009 No 4, Sch 1 [4]. |
Sec 12 | Am 2007 No 94, Sch 2. |
Sec 13 | Am 2004 No 68, Sch 3 [2] [3]. |
Sec 14 | Am 2004 No 68, Sch 3 [4] [5]; 2007 No 94, Sch 1.26 [7]. |
Sec 15 | Am 2007 No 94, Sch 1.26 [8]. |
Sec 16A | Ins 2004 No 68, Sch 3 [6]. Am 2009 No 4, Sch 1 [5]. |
Sec 18 | Am 2009 No 4, Sch 1 [6] [7]. |
Sec 20 | Am 2009 No 4, Sch 1 [8]. |
Sec 23 | Am 2007 No 94, Sch 2; 2013 No 80, Sch 2 [2]. |
Sec 24 | Am 2007 No 94, Sch 1.26 [7]. |
Sec 25 | Am 2007 No 94, Sch 1.26 [8]. |
Sec 28 | Am 2007 No 94, Sch 1.26 [9]. |
Sec 29 | Am 2007 No 94, Sch 2. |
Sec 31 | Am 2003 No 82, Sch 1.11 [2]; 2007 No 94, Sch 2. |
Sec 32 | Am 2007 No 94, Sch 2. |
Sec 34 | Am 2009 No 4, Sch 1 [9]. |
Sec 35 | Am 2007 No 94, Sch 1.26 [8]. |
Sec 37 | Am 2009 No 4, Sch 1 [10] [11]. |
Sec 39 | Am 2009 No 4, Sch 1 [12]. |
Sec 42 | Am 2004 No 91, Sch 1.8; 2007 No 94, Sch 2. |
Sec 43 | Am 2003 No 40, Sch 1.9 [2] [3]; 2007 No 94, Sch 2. |
Sec 44 | Am 2009 No 4, Sch 1 [13]. |
Sec 45 | Am 2007 No 94, Sch 1.26 [8]. |
Sec 48 | Am 2003 No 40, Sch 1.9 [4]; 2009 No 4, Sch 1 [14]. |
Sec 49 | Am 2003 No 40, Sch 1.9 [5]; 2007 No 94, Sch 1.26 [9]. |
Sec 50 | Am 2007 No 94, Sch 2. |
Sec 52 | Am 2007 No 94, Sch 2; 2025 No 8, Sch 1.1[2]. |
Sec 53 | Am 2007 No 94, Sch 2; 2025 No 8, Sch 1.1[3] [4]. |
Sec 55 | Am 2007 No 94, Sch 1.26 [4]. |
Secs 56, 57 | Am 2007 No 94, Sch 2. |
Sec 59 | Am 2013 No 1, Sch 1.9 [1]. |
Sec 60 | Am 2007 No 94, Sch 2. |
Sec 63 | Am 2009 No 4, Sch 1 [15]; 2010 No 48, Sch 5.5 [2]; 2013 No 19, Sch 4.11 [1]; 2014 No 5, Sch 2.10 [1]; 2018 No 87, Sch 1.10. |
Sec 66 | Am 2007 No 94, Sch 2. |
Sec 68 | Am 2003 No 71, Sch 1 [2]; 2005 No 11, Sch 3.6; 2013 No 19, Sch 4.11 [2]. |
Sec 68A | Ins 2009 No 65, Sch 1 [1]. |
Sec 69 | Subst 2020 No 26, Sch 1.6[4]. |
Sec 70 | Am 2003 No 87, Sch 3.6; 2024 No 51, Sch 5.3. |
Sec 71 | Am 2007 No 94, Sch 1.26 [10]. |
Sec 72 | Am 2009 No 4, Sch 1 [16]. |
Part 7 | Ins 2006 No 70, Sch 1 [1]. |
Part 7, Div 1 | Ins 2006 No 70, Sch 1 [1]. |
Sec 74 | Ins 2006 No 70, Sch 1 [1]. Am 2008 No 79, Sch 3.5; 2013 No 110, Sch 1 [1]; 2020 No 12, Sch 3.9[1] [2]. |
Sec 75 | Ins 2006 No 70, Sch 1 [1]. |
Part 7, Div 1, note | Ins 2006 No 70, Sch 1 [1]. Rep 2007 No 27, Sch 2.12. |
Part 7, Div 2 | Ins 2006 No 70, Sch 2.1 [1] (transferred from the Crimes Act 1900 No 40, Part 13A, Div 2). |
Sec 76 | Ins 2006 No 70, Sch 2.1 [1] (transferred from the Crimes Act 1900 No 40, sec 474B). |
Sec 77 | Ins 2006 No 70, Sch 2.1 [1] (transferred from the Crimes Act 1900 No 40, sec 474C). Am 2006 No 70, Sch 2.1 [2] [3]; 2020 No 26, Sch 1.6[3]. |
Part 7, Div 3 | Ins 2006 No 70, Sch 2.1 [1] (transferred from the Crimes Act 1900 No 40, Part 13A, Div 3). |
Sec 78 | Ins 2006 No 70, Sch 2.1 [1] (transferred from the Crimes Act 1900 No 40, sec 474D). |
Sec 79 | Ins 2006 No 70, Sch 2.1 [1] (transferred from the Crimes Act 1900 No 40, sec 474E). Am 2006 No 70, Sch 2.1 [1]–[3]; 2014 No 82, Sch 3 [1]. |
Part 7, Div 4 | Ins 2006 No 70, Sch 2.1 [1] (transferred from the Crimes Act 1900 No 40, Part 13A, Div 4). |
Sec 80 | Ins 2006 No 70, Sch 2.1 [1] (transferred from the Crimes Act 1900 No 40, sec 474F). Am 2006 No 70, Sch 2.1 [1]. |
Secs 81, 82 | Ins 2006 No 70, Sch 2.1 [1] (transferred from the Crimes Act 1900 No 40, secs 474G, 474H). Am 2006 No 70, Sch 2.1 [2]. |
Part 7, Div 5 | Ins 2006 No 70, Sch 2.1 [1] (transferred from the Crimes Act 1900 No 40, Part 13A, Div 5). |
Sec 83 | Ins 2006 No 70, Sch 2.1 [1] (transferred from the Crimes Act 1900 No 40, sec 474I). |
Sec 84 | Ins 2006 No 70, Sch 2.1 [1] (transferred from the Crimes Act 1900 No 40, sec 474J). Am 2006 No 70, Sch 2.1 [1] [2] [4]. |
Sec 85 | Ins 2006 No 70, Sch 2.1 [1] (transferred from the Crimes Act 1900 No 40, sec 474K). Am 2006 No 70, Sch 2.1 [1] [2]. |
Sec 86 | Ins 2006 No 70, Sch 2.1 [1] (transferred from the Crimes Act 1900 No 40, sec 474L). Am 2006 No 70, Sch 2.1 [1]. |
Sec 87 | Ins 2006 No 70, Sch 2.1 [1] (transferred from the Crimes Act 1900 No 40, sec 474M). Am 2006 No 70, Sch 2.1 [1]; 2020 No 26, Sch 1.6[3]. |
Sec 88 | Ins 2006 No 70, Sch 2.1 [1] (transferred from the Crimes Act 1900 No 40, sec 474N). Am 2006 No 70, Sch 2.1 [1]. |
Part 7, Div 6, heading | Ins 2006 No 70, Sch 1 [1]. Subst 2013 No 110, Sch 1 [2]. |
Part 7, Div 6 | Ins 2006 No 70, Sch 1 [1]. |
Sec 89 | Ins 2006 No 70, Sch 1 [1]. Am 2013 No 4, Sch 2.8. Rep 2013 No 110, Sch 1 [3]. |
Secs 90–95 | Ins 2006 No 70, Sch 1 [1]. Rep 2013 No 110, Sch 1 [3]. |
Sec 96 | Ins 2006 No 70, Sch 1 [1]. Am 2007 No 27, Sch 4.8; 2013 No 110, Sch 1 [4]–[9]; 2017 No 68, Sch 2.8 [1]. |
Sec 97 | Ins 2006 No 70, Sch 1 [1]. Subst 2013 No 110, Sch 1 [10]. Am 2017 No 68, Sch 2.8 [2]. |
Part 8 | Ins 2006 No 69, Sch 1 [2]. |
Part 8, Div 1 (sec 98) | Ins 2006 No 69, Sch 1 [2]. |
Part 8, Div 2 | Ins 2006 No 69, Sch 1 [2]. |
Secs 99–104 | Ins 2006 No 69, Sch 1 [2]. |
Sec 105 | Ins 2006 No 69, Sch 1 [2]. Am 2009 No 65, Sch 1 [2]. |
Sec 106 | Ins 2006 No 69, Sch 1 [2]. |
Part 8, Div 3 | Ins 2006 No 69, Sch 1 [2]. |
Sec 107 | Ins 2006 No 69, Sch 1 [2]. Am 2014 No 5, Sch 2.10 [2]; 2025 No 8, Sch 1.1[5]. |
Sec 108 | Ins 2006 No 69, Sch 1 [2]. |
Part 8, Div 4 | Ins 2006 No 69, Sch 1 [2]. |
Sec 109 | Ins 2006 No 69, Sch 1 [2]. |
Sec 110 | Ins 2006 No 69, Sch 1 [2]. Rep 2014 No 5, Sch 2.10 [3]. |
Sec 111 | Ins 2006 No 69, Sch 1 [2]. |
Sec 112 | Ins 2006 No 69, Sch 1 [2]. Am 2020 No 12, Sch 3.9[3]. |
Part 9 (previously Part 7) | Renumbered 2006 No 69, Sch 2.1 [3]. |
Sec 113 (previously sec 74) | Renumbered 2006 No 69, Sch 2.1 [3]. Am 2019 No 25, Sch 5.16[1] [2]. |
Sec 114 (previously sec 75) | Renumbered 2006 No 69, Sch 2.1 [3]. |
Sec 114A | Ins 2018 No 94, Sch 3. Am 2020 No 26, Sch 1.6[3]. |
Secs 115, 116 (previously secs 76, 77) | Renumbered 2006 No 69, Sch 2.1 [3]. |
Sec 117 (previously sec 78) | Renumbered 2006 No 69, Sch 2.1 [3]. Am 2014 No 5, Sch 2.10 [2]. |
Sec 117A | Ins 2006 No 70, Sch 1 [2]. Am 2007 No 94, Sch 2. |
Secs 118, 119 (previously secs 79, 80) | Renumbered 2006 No 69, Sch 2.1 [3]. |
Sec 120 (previously sec 81) | Renumbered 2006 No 69, Sch 2.1 [3]. Am 2006 No 69, Sch 1 [3]. |
Sch 1 | Am 2003 No 71, Sch 1 [3] [4]; 2004 No 68, Sch 3 [7] [8]; 2006 No 69, Sch 2.1 [4]; 2006 No 70, Sch 1 [3] [4]; 2006 No 107, Sch 1.8 [3] [4]; 2009 No 4, Sch 1 [17] [18]; 2009 No 65, Sch 1 [3] [4]; 2013 No 1, Sch 1.9 [2] [3]; 2013 No 110, Sch 1 [11]; 2014 No 82, Sch 3 [2]; 2025 No 8, Sch 1.1[6] [7]. |
Sch 2 | Ins 2006 No 70, Sch 1 [5]. Rep 2013 No 110, Sch 1 [12]. |
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