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FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23GB Accused taken to have been committed for trial etc.

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23GB

Accused taken to have been committed for trial etc.

  (1)   For the purposes of this Act and the Judiciary Act 1903 , the committal court is taken to have made an order:

  (a)   on the day it made the committal order; and

  (b)   to the effect of committing the accused for trial before the Court for the indictable offence.

  (2)   If an indictment including a count covering the indictable offence is filed in accordance with this Division, then this Division applies as if:

  (a)   the accused entered before the Court, immediately after that filing, a plea of guilty to the count; and

  (b)   paragraph   23CA(b) were omitted.

Note:   The Court must accept the plea unless either the Court gives leave to the accused to change the plea to a plea of not guilty, or if it would be contrary to the interests of justice to accept the plea (see subsection   23FJ(1)).