Civil Law and Justice (Omnibus Amendments) Act 2015 (132 of 2015)

Schedule 1   Amendments

Federal Court of Australia Act 1976

40   Subsections 23BH(1) and (2)

Repeal the subsections, substitute:

(1) The prosecutor may, in accordance with the Rules of Court, amend or replace an indictment in relation to an accused at any time when:

(a) no date has been set for the start of the trial of the accused on the indictment; or

(b) the 90 day period ending on the date set for the start of the trial of the accused on the indictment has not started.

Note: A trial starts when the accused is arraigned before a jury (see subsection 23FA(2)).

(2) If the 90 day period ending on the date set for the start of the trial has started, or the trial has started, the prosecutor may only amend or replace the indictment with the leave of the Court.