Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p116
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 116/268)
Character Range: 659995–662665

for when a Court makes a post‑sentence order decision.

105A.17  Right of appeal
 (1) An appeal lies to the court of appeal (however described) of a State or Territory if:
 (a) the Supreme Court of the State or Territory makes a post‑sentence order decision; and
 (b) the court of appeal has jurisdiction to hear appeals from the Supreme Court in relation to civil matters.
 (2) The appeal is to be by way of rehearing. In particular, in relation to the appeal, the court of appeal:
 (a) subject to this subsection, has all the powers, functions and duties that the Supreme Court has in relation to the relevant post‑sentence order proceedings; and
 (c) may receive further evidence as to questions of fact (orally in court, by affidavit or in any other way) if the court of appeal is satisfied that there are special grounds for doing so.
 (3) The appeal against the decision of the Supreme Court may be made:
 (a) as of right, within 28 days after the day on which the decision was made; or
 (b) by leave, within such further time as the court of appeal allows.
 (4) The making of the appeal does not stay the operation of the order.
 (5) This section does not limit any other right of appeal that exists apart from this section.

105A.18  Consequences of sentences ending or orders ceasing to be in force
 (1) This section applies in relation to a post‑sentence order proceeding if:
 (a) the proceeding is any of the following:
 (i) a proceeding on an application for a post‑sentence order in relation to a terrorist offender;
 (ii) an appeal against a decision to dismiss such an application;
 (iii) an appeal against a decision to revoke a post‑sentence order in relation to a terrorist offender;
 (iv) an appeal against a decision (including in a review of such an order) to specify a particular period for which such an order will be in force;
 (v) an appeal against a decision under section 105A.15A to stay a post‑sentence order proceeding in relation to a terrorist offender (including a decision under that section to stay a proceeding for a specified period or to impose a specified condition); and
 (b) before the application or appeal is determined (whether before or after the appeal is made) one of the following events occurs:
 (i) a sentence of imprisonment referred to in subsection 105A.3A(1) or paragraph 105A.3A(3)(a), (4)(a), (5)(d) or (7)(a) ends;
 (ii) a post‑sentence order or interim post‑sentence order in relation to the offender ceases to be in force;
 (iia) the interim control order referred to in subparagraph 105A.3A(8)(c)(i) or confirmed control order referred to in subparagraph 105A.3A(8)(c)(ii) in relation to the offender ceases to