EVIDENCE ACT 1929 - SECT 69AB
EVIDENCE ACT 1929 - SECT 69AB
69AB—Review of suppression orders
(1) Subject to the
regulations, a suppression order becomes liable to review as follows:
(a) if
the order relates to criminal proceedings and is in force at the time, the
order becomes liable to review as follows:
(i)
on the completion or termination of committal
proceedings;
(ii)
on the withdrawal of a charge after the completion of
committal proceedings;
(iii)
on the acquittal of the defendant;
(iv)
when an appeal against conviction or sentence has been
determined or all rights to appeal against conviction or sentence have been
exhausted or expired;
(v)
on the defendant being declared under Part 8A of the
Criminal Law Consolidation Act 1935 to be liable to supervision;
(vi)
in any other case—when the proceedings are
otherwise concluded or terminated,
(and, if more than 1 such occasion for review occurs in the course of the same
proceedings, the order becomes liable to review on each such occasion);
(b) if
the order relates to a coronial inquest, the order becomes liable to review
when the coroner gives his or her findings on the inquest;
(c) if
the order relates to civil proceedings, the order becomes liable to review
when the court gives its judgment in the proceedings or the proceedings are
settled or withdrawn.
(2) When a suppression
order becomes liable to review, the court that made the order must conduct a
review as soon as practicable.
(3) The following
persons are entitled to be heard on a review:
(a) the
applicant for the suppression order;
(b) a
party to the proceedings in which the suppression order was made;
(c) a
representative of a newspaper or a radio or television station;
(d) any
other person who has, in the opinion of the court, a proper interest in the
matters to be considered on the review.
(4) On a review, the
court may confirm, vary or revoke the suppression order.