VICIn ForceAct
Victorian Civil and Administrative Tribunal Act 1998
138Appeal against punishment for contempt
Start here
Get a plain-English read of 138
Turn the raw legal text into a practical explanation grounded in Victorian Civil and Administrative Tribunal Act 1998.
138 Appeal against punishment for contempt
S. 138(1) amended by No. 68/2009 s. 97(Sch. item 131.1(a)).
(1) A person who is committed to prison or fined under section 137 may, with the leave of the Court of Appeal, appeal to the Court of Appeal in accordance with Part 6.3 of Chapter 6 of the **Criminal Procedure Act 2009** against the punishment as if—
(a) they were a person convicted on indictment in the Trial Division of the Supreme Court; and
S. 138(1)(b) amended by No. 68/2009 s. 97(Sch. item 131.1(b)).
(b) the punishment imposed were the sentence imposed on their conviction.
(2) The operation of any order made under section 137 imposing punishment is stayed for 14 days after its making and, if notice of application for leave to appeal to the Court of Appeal against it is given within that period, the stay continues until the appeal is determined.
S. 138(3) amended by No. 68/2009 s. 97(Sch. item 131.2).
(3) Despite anything to the contrary in Part 6.3 of Chapter 6 of the **Criminal Procedure Act 2009**, as applied by subsection (1), the Court of Appeal does not have power to give leave to extend the time within which notice of application for leave to appeal may be given.