New South Wales Consolidated Acts

TERRORISM (HIGH RISK OFFENDERS) ACT 2017 - SECT 53

53 Right of appeal

(1) An appeal to the Court of Appeal lies from any determination of the Supreme Court to make, or to refuse to make, any of the following--

(a) a declaration under section 12,

(b) an order under Part 2 or 3.

(2) The appeal is to be by way of a rehearing under section 75A of the Supreme Court Act 1970 .

(3) The appeal must be made within the period of 28 days after the determination was made unless the Court of Appeal grants leave for it to be made after that time.

(4) The making of an appeal does not stay the operation of the declaration or order under appeal.

(5) If the Court of Appeal remits a matter to the Supreme Court for decision after an appeal is made, the declaration under section 12 or order under Part 2 or 3 being appealed continues in force, subject to any order made by the Court of Appeal.

(6) Without limiting any other jurisdiction it may have, if the Court of Appeal remits a matter to the Supreme Court for decision after an appeal is made, the Court of Appeal may make an interim order (for a period not exceeding 28 days) revoking or varying the declaration under section 12 or order under Part 2 or 3 being appealed.

(6A) The Court of Appeal may make more than one interim order under subsection (6) provided that the combined periods during which the interim orders (whether made under this Act by the Court of Appeal or the Supreme Court at first instance) are in force do not exceed 3 months in total.

(7) Section 101 of the Supreme Court Act 1970 does not apply in respect of an appeal against a determination referred to in subsection (1).

(8) Except as provided by subsection (7), this section does not limit any right of appeal that may exist apart from this Act.