South Australian Consolidated Acts

CRIMINAL LAW (SENTENCING) ACT 1988 - SECT 70N

70N—Appeal

        (1)         A debtor who is aggrieved by a decision of a Registrar—

            (a)         to make a garnishee order; or

            (b)         to make any other penalty enforcement order while acting as an authorised officer; or

            (c)         made on a review under this Subdivision,

may appeal in accordance with rules of court to the Court against the decision.

        (2)         On an appeal being lodged, the operation of the decision appealed against is suspended pending determination of the appeal.

        (3)         On an appeal under this section the Court may—

            (a)         confirm the decision; or

            (b)         quash the decision and, if the Court thinks it appropriate to do so, substitute any decision that could have been made in the first instance (but in doing so, the Court must take into account any subsequent change in the debtor's circumstances); or

            (c)         make any ancillary order (including an order as to costs) the Court thinks fit.

        (4)         A decision of the Court on an appeal under this section is not subject to appeal.