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.
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