Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 138

Appeal against punishment for contempt

138. Appeal against punishment for contempt



(1) A person who is committed to prison or fined under section 137 may, with
the leave of the Court of Appeal, appeal to the Court of Appeal in accordance
with Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 against the
punishment as if-

   (a)  they were a person convicted on indictment in the Trial Division of
        the Supreme Court; and

   (b)  the punishment imposed were the sentence imposed on their conviction.



(2) The operation of any order made under section 137 imposing punishment is
stayed for 14 days after its making and, if notice of application for leave to
appeal to the Court of Appeal against it is given within that period, the stay
continues until the appeal is determined.

(3) Despite anything to the contrary in Part 6.3 of Chapter 6 of the
Criminal Procedure Act 2009, as applied by subsection (1), the Court of Appeal
does not have power to give leave to extend the time within which notice of
application for leave to appeal may be given.