QLDIn ForceAct
Dangerous Prisoners (Sexual Offenders) Act 2003
sec.41Stay of operation of decision
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### sec.41 Stay of operation of decision
An appeal does not stay the operation of the decision.
However, if the court hearing an appeal is satisfied the appeal may not be finally decided until after the prisoner’s release day, the court may make an order—
that the prisoner’s release from custody be supervised; or
that the prisoner be detained in custody for the period stated in the order.
If the court hearing an appeal makes an order under subsection (2) (a) , the order must contain the requirements for the prisoner stated in section 16 (1) .
s 41 amd 2005 No. 70 s 83 ; 2010 No. 34 s 24
(sec.41-ssec.1) An appeal does not stay the operation of the decision.
(sec.41-ssec.2) However, if the court hearing an appeal is satisfied the appeal may not be finally decided until after the prisoner’s release day, the court may make an order— that the prisoner’s release from custody be supervised; or that the prisoner be detained in custody for the period stated in the order. If the court hearing an appeal makes an order under subsection (2) (a) , the order must contain the requirements for the prisoner stated in section 16 (1) .
- (a) that the prisoner’s release from custody be supervised; or
- (b) that the prisoner be detained in custody for the period stated in the order.