South Australian Current Acts

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SUMMARY OFFENCES ACT 1953 - SECT 74BG

74BG—Appeal

        (1)         The Commissioner or an objector may appeal to the Supreme Court against a decision of the Court on a notice of objection.

        (2)         An appeal lies as of right on a question of law and with permission on a question of fact.

        (3)         An appeal must be commenced within the time, and in accordance with the procedure, prescribed by rules of the Supreme Court.

        (4)         If an appeal is commenced under this section, enforcement of the fortification removal order is stayed until proceedings in relation to the appeal are finalised.

        (5)         If an appeal under this section results in confirmation or variation of the fortification removal order, the period of time allowed for compliance with the order, as fixed by the order, is (unless the Supreme Court specifies otherwise) taken to commence on the day of the Supreme Court's decision.



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