New South Wales Consolidated Acts

CRIMINAL APPEAL ACT 1912 - SECT 5AG

5AG Appeal in criminal cases dealt with by Industrial Relations Commission in Court Session

(1) A person convicted of an offence by the Industrial Relations Commission in Court Session may appeal under this Act to the Court of Criminal Appeal against--

(a) the person's conviction, and

(b) if a sentence to a term of imprisonment was imposed--the sentence passed on the person's conviction.

(2) A person may not appeal under this section to the Court of Criminal Appeal unless the person has first exercised any right the person has to appeal to the Full Bench of the Industrial Relations Commission in Court Session under the Industrial Relations Act 1996 .

(3) The Court of Criminal Appeal, in proceedings before it on an appeal under this section, may--

(a) confirm the determination made by the Full Bench of the Industrial Relations Commission in Court Session, or

(b) order that the determination made by the Full Bench of the Industrial Relations Commission in Court Session be vacated and make a determination that the Full Bench of the Industrial Relations Commission in Court Session could have made.

(4) This section has effect despite the Industrial Relations Act 1996 , section 179.