An Act to amend the Crimes (Appeal and Review) Act 2001 to make further provision with respect to appeals and applications for annulments; and for other purposes.

1   Name of Act

This Act is the Crimes (Appeal and Review) Amendment Act 2009.

2   Commencement

(1)  This Act commences on the date of assent to this Act, except as provided by subsection (2).

(2)  Schedule 1 [15] to this Act commences on a day to be appointed by proclamation.

Schedule 1 Amendment of Crimes (Appeal and Review) Act 2001 No 120

[1]–[14]   (Repealed)

[15]   Section 63 Stay of execution of sentence pending determination of appeal

Insert after section 63 (2):

  

(2A)  Subsection (2) does not operate to stay a suspension or disqualification of a driver licence that arose as the consequence of a conviction if, immediately before the proceedings giving rise to the conviction, a suspension was in force under Division 4 of Part 5.4 of the Road Transport (General) Act 2005 for the offence to which the conviction relates.

(2B)  However, an appeal court may order that a suspension or disqualification referred to in subsection (2A) be stayed if the court considers a stay to be appropriate in the circumstances.

[16]–[18]   (Repealed)

Schedule 2 (Repealed)

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Crimes (Appeal and Review) Amendment Act 2009 No 4. Assented to 30.3.2009. Date of commencement, Sch 1 [15] excepted, assent, sec 2 (1); date of commencement of Sch 1 [15], 1.11.2009, sec 2 (2) and 2009 (521) LW 30.10.2009.

This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.

Table of amendments