s. 34 (3C) If the appeal is commenced by the Secretary to the S. 34(3C) Department of Human Services, the Secretary to inserted by No. 68/2009 the Department of Health, the Director of Public s. 97(Sch. Prosecutions or the Attorney-General— item 39.28), amended by (a) the notice of appeal must be signed by that No. 29/2010 s. 24(2). person personally; and (b) a copy of the notice of appeal must be served personally on the respondent in accordance with section 391 of the Criminal Procedure within 7 days after the day on Act 2009 which the notice of appeal is filed; and (c) that person must provide a copy of the notice of appeal to the legal practitioner who last represented the respondent in the proceeding when the supervision order was made, if that legal practitioner can reasonably be identified. (4) On an appeal against a confirmation of a supervision order, the Court of Appeal may— (a) confirm the supervision order; or (b) set aside the supervision order and make any S. 34(4)(b) amended by order that the court could have made under No. 68/2009 s. 97(Sch. section 29, 32, 33 or 35 (as the case item 39.29). requires); or S. 34(4)(c) (c) set aside the supervision order and remit the amended by matter, with or without directions, to the No. 68/2009 s. 97(Sch. court that made it. item 39.29). (5) On an appeal against a variation of a supervision order, the Court of Appeal may— (a) confirm the order for variation; or (b) set aside the order for variation and make S. 34(5)(b) amended by any order that the court could have made No. 68/2009 s. 97(Sch. under section 29, 32, 33 or 35 (as the case item 39.29). requires); or
S. 34(3C) inserted by No. 68/2009 s. 97(Sch. item 39.28), amended by No. 29/2010 s. 24(2). (3C) If the appeal is commenced by the Secretary to the Department of Human Services, the Secretary to the Department of Health, the Director of Public Prosecutions or the Attorney-General— (a) the notice of appeal must be signed by that person personally; and (b) a copy of the notice of appeal must be served personally on the respondent in accordance with section 391 of the Criminal Procedure Act 2009 within 7 days after the day on which the notice of appeal is filed; and (c) that person must provide a copy of the notice of appeal to the legal practitioner who last represented the respondent in the proceeding when the supervision order was made, if that legal practitioner can reasonably be identified. (4) On an appeal against a confirmation of a supervision order, the Court of Appeal may— (a) confirm the supervision order; or s. 34 S. 34(4)(b) amended by No. 68/2009 s. 97(Sch. item 39.29). (b) set aside the supervision order and make any order that the court could have made under section 29, 32, 33 or 35 (as the case requires); or S. 34(4)(c) amended by No. 68/2009 s. 97(Sch. item 39.29). (c) set aside the supervision order and remit the matter, with or without directions, to the court that made it. (5) On an appeal against a variation of a supervision order, the Court of Appeal may— (a) confirm the order for variation; or S. 34(5)(b) amended by No. 68/2009 s. 97(Sch. item 39.29). (b) set aside the order for variation and make any order that the court could have made under section 29, 32, 33 or 35 (as the case requires); or
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