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

Schedule 1   Amendments

Part 2   Consequential and other amendments

Judiciary Act 1903

106   Subsection 76(1)

Repeal the subsection, substitute:

(1) This section applies if 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);

convicts an accused person on indictment for an offence against the laws of the Commonwealth.

(1A) If the Court (the trial court ) before which the accused person is convicted arrests judgment at the trial, the Court must on the application of counsel for the prosecution state a case for the consideration of:

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

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