MINING ACT 1992 - SECT 175C
Appeals against, and suspensions and annulments of, exclusion orders
MINING ACT 1992 - SECT 175C
Appeals against, and suspensions and annulments of, exclusion orders
175C Appeals against, and suspensions and annulments of, exclusion orders
(1) An appeal against an exclusion order made by the Local Court may be made
to the Land and Environment Court under Part 4 of the
Crimes (Appeal and Review) Act 2001 as if that order were a sentence arising
from a court attendance notice dealt with under Part 2 of Chapter 4 of the
Criminal Procedure Act 1986 .
(1A) The Crimes (Appeal and Review) Act 2001
applies to an appeal arising under subsection (1) with such modifications as
are made by or in accordance with the regulations under that Act.
(2) For the
purposes of the Criminal Appeal Act 1912 , an exclusion order made by a court
other than the Local Court is taken to be a sentence within the meaning of
that Act.
(3) If an appeal (or an application for leave to appeal) is made
against the conviction from which an exclusion order arises, the operation of
the exclusion order is suspended until the appeal or application is finally
determined.
(4) Unless the appeal court orders otherwise, the exclusion order
is annulled if the conviction is quashed.
(5) The appeal court may, by order,
annul or vary the exclusion order even if the conviction is not quashed.
(6)
In this section,
"appeal court" means the court to which an appeal (or an application for leave
to appeal) is made as referred to in subsection (3).
