Appeal against intimate image disposal order
53ZA Appeal against intimate image disposal order
S. 53ZA inserted by No. 38/2022 s. 22.
Without affecting any other right of appeal, a person who has an interest in a seized thing, or in electronic material contained in a seized thing, may appeal against an intimate image disposal order made in respect of it.
An appeal is to be made by a person in the same manner as if—
the person had been convicted of an intimate image offence by the court that made the intimate image disposal order; and
the intimate image disposal order were, or were part of, the sentence imposed in respect of that offence.
On appeal—
the intimate image disposal order may be—
confirmed; or
discharged; or
varied; or
the matter may be remitted for rehearing to the court that made the order with or without any direction in law.
An intimate image disposal order is stayed during the appeal period.
In this section—
appeal period means the period permitted under the Criminal Procedure Act 2009 for—
commencing an appeal of the kind referred to in subsection (2); or
if an appeal of the kind referred to in subsection (2) is commenced within the period permitted, the determination of the appeal.
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