Western Australian Current Acts

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CRIMINAL INVESTIGATION (COVERT POWERS) ACT 2012 - SECT 93

93 .         Adjournment for appeal decision

        (1)         This section applies if, in proceedings before a court (the original court ) —

            (a)         the original court gives, or refuses, leave under section 86 or 90 in relation to a witness identity protection certificate for an operative; or

            (b)         the original court makes, or refuses to make, an order under section 88 or 90 in relation to a witness identity protection certificate for an operative.

        (2)         A party to the proceedings may apply to the original court for an adjournment —

            (a)         to appeal against the decision of the original court to give or refuse leave, or to make or refuse to make the order; or

            (b)         to decide whether to appeal or seek leave to appeal against the decision.

        (3)         If an application is made under subsection (2), the original court must grant the adjournment.

        (4)         A court that has jurisdiction to hear and determine appeals from a judgment, order or direction in the proceedings has jurisdiction to hear and determine an appeal against the decision to give or refuse leave, or to make or refuse to make the order.



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