Commonwealth Consolidated Acts

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SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 102

Institution of appeals

    The appeal against the decision may be made by:

  (a)   if the decision was made on application--the applicant; or

  (b)   the apprehended person; or

  (c)   a person to whom the warrant was directed; or

  (d)   a person who:

  (i)   could have applied, but did not apply, for the suppression order; and

  (ii)   satisfies the appellate court that his or her failure to do so was not attributable to a lack of diligence on his or her part; or

  (e)   a publishing organisation that:

  (i)   made a submission under subsection   100(8); or

  (ii)   did not exercise its right to make such a submission but that satisfies the appellate court that its failure to make such a submission was not attributable to a lack of diligence on its part; or

  (f)   a person who made a submission under subsection   100(8); or

  (g)   a person who did not exercise his or her right to make a submission under subsection   100(8) but who satisfies the appellate court that:

  (i)   he or she has a special interest in the question whether the suppression order should be made, varied or revoked; and

  (ii)   the failure to make such a submission was not attributable to a lack of diligence on his or her part.


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