When a District Court judge on appeal from the Local Court confirms or varies a sentence including a licence disqualification, the judge's order replaces the magistrate's order and the judge exercises only the same powers as the Local Court. Section 68(2) of the Crimes (Appeal and Review) Act 2001 addresses only the start date of a sentence and does not override the requirement in s 189(6) of the Road Transport (General) Act 2005 that periods of stay pending appeal be excluded when calculating the length of a disqualification period. A statutory authority responsible for administering legislation has standing to seek certiorari under s 69 of the Supreme Court Act 1970 to correct a jurisdictional error in an order of an inferior court, even though it was not a party to the proceedings.
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