Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_5:p31
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 31/38)
Character Range: 96141–98710

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 a serious 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 395.6(1) ends;
 (ii) a community safety order in relation to the offender ceases to be in force;
 (iii) a community safety order in force in relation to