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.