Crimes (Appeal and Review) Amendment Act 2009 (NSW)

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An Act to amend the Crimes (Appeal and Review) Act 2001 to make further provision with respect to appeals and applications for annulments; and for other purposes.

1Name of Act

This Act is the Crimes (Appeal and Review) Amendment Act 2009.

2Commencement(1)

This Act commences on the date of assent to this Act, except as provided by subsection (2).

(2)

Schedule 1 [15] to this Act commences on a day to be appointed by proclamation.

Schedule 1Amendment of Crimes (Appeal and Review) Act 2001 No 120[1]–[14]

(Repealed)

[15]Section 63 Stay of execution of sentence pending determination of appeal

Insert after section 63 (2):

(2A)

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 5.4 of the Road Transport (General) Act 2005 for the offence to which the conviction relates.

(2B)

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.

[16]–[18]

(Repealed)

Schedule 2

(Repealed)

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