(a) the Division of the Magistrates' Court; or (b) the Magistrates' Court other than the Koori Court Division of that court. (2) An appeal to the Koori Court Division under S. 4D(2) amended by section 254 or 257 of the Criminal Procedure No. 68/2009 s. 97(Sch. Act 2009 must be conducted as a re-hearing and is item 35.5). limited to an appeal against the sentence imposed. S. 4D(3) (3) Sections 256(1) and 259(1) of the Criminal amended by Procedure Act 2009 do not apply to an appeal to No. 68/2009 s. 97(Sch. the Koori Court Division. item 35.6). S. 4DA 4DA Circumstances in which Koori Court Division may inserted by deal with contravention of a sentence imposed by it No. 26/2012 s. 15. or by another Division of the County Court For the purposes of sections 4B(b) and (ba), the circumstances are— (a) the accused is Aboriginal; and (b) the offence to which the sentence relates is within the jurisdiction of the County Court, other than— (i) a sexual offence as defined in section 6B(1) of the Sentencing Act 1991; or (ii) a contravention of a family violence intervention order or a family violence safety notice under the Family Violence Protection Act 2008 or an offence arising out of the same conduct as that from which the contravention arose; and
(a) the Division of the Magistrates' Court; or (b) the Magistrates' Court other than the Koori Court Division of that court. S. 4D(2) amended by No. 68/2009 s. 97(Sch. item 35.5). (2) An appeal to the Koori Court Division under section 254 or 257 of the Criminal Procedure Act 2009 must be conducted as a re-hearing and is limited to an appeal against the sentence imposed. S. 4D(3) amended by No. 68/2009 s. 97(Sch. item 35.6). (3) Sections 256(1) and 259(1) of the Criminal Procedure Act 2009 do not apply to an appeal to the Koori Court Division. S. 4DA inserted by No. 26/2012 s. 15. 4DA Circumstances in which Koori Court Division may deal with contravention of a sentence imposed by it or by another Division of the County Court For the purposes of sections 4B(b) and (ba), the circumstances are— (a) the accused is Aboriginal; and (b) the offence to which the sentence relates is within the jurisdiction of the County Court, other than— (i) a sexual offence as defined in section 6B(1) of the Sentencing Act 1991; or (ii) a contravention of a family violence intervention order or a family violence safety notice under the Family Violence Protection Act 2008 or an offence arising out of the same conduct as that from which the contravention arose; and