s. 33 2005 33 Late notice of appeal deemed to be application for leave to appeal After section 430(2) of the Children, Youth and See: Act No. Families Act 2005 insert— 96/2005. Reprint No. 3 "(3) If the appellate court does not grant leave to as at 1 January appeal under subsection (2), the appellate 2011 court must strike out the appeal. and amending (4) If— Act Nos 51/2006 (as (a) the appellate court strikes out an appeal amended by Act No. under subsection (3); and 51/2009), 53/2010, (b) the appellant had been sentenced to a 27/2011, 29/2011, period of detention in a youth 54/2011, residential centre or a youth justice 80/2011, 20/2012, centre by the Children's Court— 23/2012 and 26/2012. the registrar of the County Court or the LawToday: prothonotary of the Supreme Court (as the www. legislation. case requires) may issue, in accordance with vic.gov.au the Magistrates' Court Act 1989, a warrant to detain the person in a youth residential centre or a youth justice centre (as the case requires) and may recall and cancel that warrant. (5) If an appeal is struck out under subsection (3)— (a) the sentence of the Children's Court is reinstated and may be enforced as if an appeal had not been commenced but, for the purposes of the enforcement of any penalty, time is deemed not to have run during the period of any stay; and (b) the registrar of the County Court or the prothonotary of the Supreme Court (as the case requires) must give to the respondent or to the respondent's legal
2005 33 Late notice of appeal deemed to be application for leave to appeal s. 33 See: Act No. 96/2005. Reprint No. 3 as at 1 January 2011 and amending Act Nos 51/2006 (as amended by Act No. 51/2009), 53/2010, 27/2011, 29/2011, 54/2011, 80/2011, 20/2012, 23/2012 and 26/2012. LawToday: www. legislation. vic.gov.au After section 430(2) of the Children, Youth and Families Act 2005 insert— "(3) If the appellate court does not grant leave to appeal under subsection (2), the appellate court must strike out the appeal. (4) If— (a) the appellate court strikes out an appeal under subsection (3); and (b) the appellant had been sentenced to a period of detention in a youth residential centre or a youth justice centre by the Children's Court— the registrar of the County Court or the prothonotary of the Supreme Court (as the case requires) may issue, in accordance with the Magistrates' Court Act 1989, a warrant to detain the person in a youth residential centre or a youth justice centre (as the case requires) and may recall and cancel that warrant. (5) If an appeal is struck out under subsection (3)— (a) the sentence of the Children's Court is reinstated and may be enforced as if an appeal had not been commenced but, for the purposes of the enforcement of any penalty, time is deemed not to have run during the period of any stay; and (b) the registrar of the County Court or the prothonotary of the Supreme Court (as the case requires) must give to the respondent or to the respondent's legal
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