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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order becomes liable to review when the court gives its judgment in the proceedings or the proceedings are settled or withdrawn.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.