Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (CRIMINAL APPEALS) ACT 2019 (NO. 44 OF 2019) - SECT 29

After section 271 of the Criminal Procedure Act 2009 insert —

        " 271A     Ancillary orders—how affected by appeal by offender

    (1)     In this section—

"ancillary order" means an order that—

        (a)     is not a sentence; and

        (b)     is made under an Act that provides that the order, or an application for the order, may only be made in respect of a person—

              (i)     whom a court has found guilty, or not guilty by reason of mental impairment, of an offence; or

              (ii)     on whom a court has imposed a sentence for an offence;

"applicable offence", for an ancillary order made in respect of a person, means the offence for which—

        (a)     the finding referred to in paragraph (b) of the definition of ancillary order was made; or

        (b)     the sentence referred to in that paragraph was imposed.

    (2)     If a person in respect of whom an ancillary order is made appeals, or applies for leave to appeal, under section 254 against the conviction or sentence for the applicable offence for that order—

        (a)     the appeal or application for leave to appeal operates as a stay of the ancillary order—

              (i)     on and from the time when the person files the application and signs the undertaking referred to in section 255(7); and

              (ii)     until the determination or striking out of the appeal or application for leave to appeal; and

        (b)     if the conviction is set aside on the appeal, the ancillary order does not take effect unless the appellate court otherwise orders.

    (3)     If a provision of an Act under which an ancillary order is made is inconsistent with subsection (2), the provision of that other Act prevails to the extent of the inconsistency.".