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Legislative Assembly for the ACT: 2005 Week 14 Hansard (Tuesday, 22 November 2005) . . Page.. 4466 ..

5

Clause 58 (5)

Page 56, line 23—

omit clause 58 (5), substitute

(5) This section is subject to section 133A (Operation of ancillary and restitution orders).

6

Proposed new clause 133A

Page 109, line 1—

insert

133A Operation  of ancillary and restitution orders

• In this section:

finalised—proceedings in relation to an appeal are finalised if—

• the appeal is dismissed, withdrawn or struck out or ends without a retrial being ordered and the period for making any further appeal against that decision ends; or

• if a retrial is ordered—the proceedings on the retrial are finalised within the meaning of paragraph (a).

relevant order means—

• an ancillary order under—

• section 18 (Non-conviction orders—ancillary orders); or

• section 58 (Ancillary orders relating to offences taken into account in sentencing); or

(c) a reparation order.

• A relevant order takes effect on the day after—

• the end of the period for appealing against the conviction or finding of guilt to which the relevant order relates; or

• if an appeal in relation to the conviction or finding of guilt is made within the period for making the appeal—the day proceedings in relation to the appeal are finalised.

• However, an appeal court may, on application or its own initiative, if satisfied it is in the interests of justice, order that a relevant order take effect on a stated day earlier than the day fixed under subsection (2).

• A court may, on application or its own initiative, by order, give such directions as it considers appropriate for—

• the custody of property to which a relevant order relates; or

• the giving of security, with or without sureties, for payment of an amount under a relevant order.

• A relevant order automatically lapses if the conviction or finding of guilt to which the order relates is reversed or set aside.

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