Northern Territory Consolidated Acts

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TRAFFIC ACT - SECT 43

Appeals against findings of guilt, cancellations, &c.

43. Appeals against findings of guilt, cancellations, &c.

(1) Where:

(a) a person has been found guilty of an offence against this Act; or

and as a consequence of the being found guilty or the finding:

(ba) the person's licence is cancelled; or

(bb) the person is disqualified from holding a licence for a period;

and:

(bc) the person has duly instituted an appeal to the Supreme Court from the conviction, order or finding in respect of the offence,

then on and from the date when the court by which the order or conviction was made is satisfied that an appeal has been duly instituted and until the determination of the appeal, this Act does not apply to or in relation to that person being found guilty in so far as it would, but for this section:

(c) cause that person to cease to be licensed or be deemed to be licensed;

(d) require the delivery of that person's licence to the Registrar for cancellation; or

(e) cause that person to be disqualified from being granted a licence or from holding a licence.

(2) Unless the Supreme Court on the hearing of an appeal quashes conviction, order or finding sets aside the finding:

(a) the period, if any, during which the appellant is disqualified from being granted or holding a licence to drive a motor vehicle ends, subject to any order the Supreme Court makes on the hearing of the appeal, on the date which is as many days after the date on which it would have ended if there had been no appeal as there are days in the period between the institution and the determination of the appeal; and

(b) subject to any order the Supreme Court makes on the hearing of the appeal, the appellant is not licensed or shall not be deemed to be licensed during the period commencing on the determination of the appeal and ending on the date which is as many days after the determination as there are days in the period between the institution and the determination of the appeal.

(3) A person may appeal to the Supreme Court against a finding of the court under section 4(1)(b) of the Criminal Law (Conditional Release of Offenders) Act that a charge for an offence against this Act is proved, and the finding shall be taken to be an adjudication of the court for the purposes of Division 2 of Part VI of the Justices Act .



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