Supreme Court Act 1970 No 52
Current version for 28 February 2013 to date (accessed 22 May 2013 at 03:23)
Part 5Division 1Section 69C

69C   Stay of execution of conviction, order or sentence pending review

(1)  This section and section 69D apply to proceedings in the Court for judicial review of a determination made by the District Court in appeal proceedings relating to a conviction or order made by the Local Court (or part of such a conviction or order) or sentence imposed by the Local Court.
(2)  The execution of a sentence imposed as a consequence of a conviction, or of any other order, is stayed when proceedings seeking judicial review are commenced.
(3)  Subsection (2) does not apply to a person (the claimant) who is in custody when proceedings seeking judicial review are commenced unless and until the claimant enters into a bail undertaking in accordance with the Bail Act 1978, or bail is dispensed with.
(4)  The stay of execution continues until the proceedings for judicial review are finally determined, subject to any order or direction of the Court.
(5)  Despite subsection (2), any period during which the stay is in force is not to be taken into account when calculating the length of a period of disqualification from holding a driver licence resulting from a conviction under the road transport legislation within the meaning of the Road Transport (General) Act 2005.
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