Federal Court of Australia Amendment (Criminal Jurisdiction) Act 2009 (106 of 2009)

Schedule 1   Amendments

Part 2   Consequential and other amendments

Judiciary Act 1903

105   Subsection 72(1)

Repeal the subsection, substitute:

(1) This section applies if a person is indicted before a Court, other than:

(a) the Federal Court of Australia; or

(b) the Supreme Court of a Territory (other than the Australian Capital Territory or the Northern Territory);

for an indictable offence against a law of the Commonwealth.

(1A) The Court (the trial court ) before which the person is tried:

(a) must, if an application is made by or on behalf of the person before the jury delivers its verdict on a count in the indictment in relation to the person; and

(b) may in its discretion (either before or after judgment without such an application);

reserve a question of law, in relation to that count, which arises on the trial for the consideration of:

(c) a Full Court of the High Court; or

(d) a Full Court of the Supreme Court of the same State or Territory as the trial court.