SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 101 Appeals against suppression orders

SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 101

  (1)   Except as provided by the Judiciary Act 1903 , an appeal may be made as of right against the decision of a magistrate or court:

  (a)   to make a suppression order; or

  (b)   not to make a suppression order; or

  (c)   to confirm, vary, revoke or continue a suppression order; or

  (d)   not to vary or revoke a suppression order.

  (2)   If the decision is made by a magistrate in a State, the appeal is to be made to the Supreme Court of the State.

  (3)   Except as provided in this section, no appeal is to be made against a decision or order made under this Division.

  (4)   The appellate court:

  (a)   may confirm or vary the decision, or revoke the decision, whether or not it substitutes another decision; and

  (b)   may make orders for costs and deal with any other incidental or ancillary matters.