Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p100
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 100/169)
Character Range: 1441314–1443884

are beyond the offender's control;
 (b) reasonable costs and expenses of the offender's legal representation for the proceeding.
 (4) This section does not limit any other power of the Court.

395.35  Reasons for decisions
  A Supreme Court of a State or Territory that makes a community safety order decision in a community safety order proceeding must:
 (a) state the reasons for its decision; and
 (b) cause those reasons to be entered in the records of the Court; and
 (c) cause a copy of any order it made to be provided to each party to the proceeding.
Note: See also subsection 395.2(4) for when a Court makes a community safety order decision.

395.36  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 community safety 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 community safety order proceedings; and
 (b) 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.

395.37  Consequences of sentences ending or orders ceasing to be in force
 (1) This section applies in relation to a community safety order proceeding if:
 (a) the proceeding is any of the following:
 (i) a proceeding on an application for a community safety order in relation to a serious offender;
 (ii) an appeal against a decision to dismiss such an application;
 (iii) an appeal against a decision to revoke a community safety order in relation to a serious 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 395.34 to stay a community safety order proceeding in relation to