(the primary order ) was made in relation to a conviction of an offence, the
person may appeal against the targeted order in the same manner as if the
targeted order were, or were part of, a sentence imposed on the person in
respect of the offence.
(3) In any other case, the person may appeal against the targeted order in the
same manner as if:
- (a)
- the person had been convicted of the offence to which
the primary order relates; and
- (b)
- the targeted order were, or were part of, a sentence imposed on the person
in respect of the offence.
(4) However, despite subsection (2) or (3), if the primary order related
to a * foreign indictable offence, the person may appeal against the targeted
order in the same manner as if:
- (a)
- the person had been convicted of the
offence in the State or Territory in which the targeted order was made; and
- (b)
- the targeted order were, or were part of, a sentence imposed on the person
in respect of the offence.
(5) The * DPP:
- (a)
- has the same right of appeal against a targeted order as
the person referred to in subsection (1) has under this section; and
- (b)
- may appeal against a refusal by a court to make a targeted order in the
same manner as if such an order were made and the DPP were appealing against
that order.
(6) On an appeal against a targeted order, the order may be confirmed,
discharged or varied.
(7) This section does not affect any other right of appeal.