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Clause 264

provides for the stay of orders if the appellant appeals against sentence. If an appellant appeals against sentence and is not in custody as a result of that sentence, the appeal operates as a stay of the sentence (but not of the conviction) when the appellant files the notice of appeal and signs the undertaking referred to in clause 255(5). Pursuant to subclause (2), if an appellant appeals against sentence and is in custody because of that sentence, the appeal operates as a stay of sentence (but not a conviction in respect of the sentence) only once the appellant enters bail, if bail is granted under clause 265. This clause is subject to section 29 of the Road Safety Act 1986.