Commonwealth Consolidated Acts

SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 86

  (1)   If an order has been made under section   83, the apprehended person or a person to whom the warrant was directed may apply to the Supreme Court of the State in which the order was made for review of the order.

  (2)   The application must be made within 7 days after the making of the order.

  (3)   The respondent is to be:

  (a)   if the application is made by the apprehended person--the Commissioner of the police force of the State in which the person was apprehended; or

  (b)   if the application is made by a person to whom the warrant was directed--the apprehended person.

  (4)   Service of the notice of application on the respondent must be effected in the same way as service of a notice of an appeal to the Supreme Court of the State in a criminal proceeding.

  (5)   If, under the order, the apprehended person is remanded on bail, notice of the application must be served in the same way on any person providing surety for the granting of the bail.

  (6)   The Supreme Court may, pending its review:

  (a)   stay the execution of the order; and

  (b)   order the person to be remanded on bail or in such custody as the Supreme Court specifies.

  (7)   The review is to be by way of rehearing.

  (8)   The Supreme Court may confirm, vary or revoke the order.

  (9)   If the order is revoked, the Supreme Court may make a new order.

  (10)   The Supreme Court may suspend an order for a specified period if it is an order of a kind that a magistrate may suspend under section   83.

  (11)   The order as confirmed or varied, or the new order, may be executed according to its tenor.

  (12)   If the order as confirmed or varied, or the new order, is an order that is similar to an order mentioned in paragraph   83(8)(a):

  (a)   the Supreme Court must cause an instrument of the type mentioned in subsection   85(1) to be prepared; and

  (b)   subject to subsection   ( 13), subsections   85(2), (3) and (4) apply.

  (13)   For the purposes of paragraph   ( 12)(b):

  (a)   the reference in paragraph   85(2)(a) to a magistrate is taken to be omitted; and

  (b)   the reference in subsection   85(4) to a magistrate is a reference to the Supreme Court.

  (14)   For the purposes of a review under this section, the Supreme Court of a State is not bound by the rules of evidence.