FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 30AA Appellate jurisdiction--allowable appeals

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 30AA

Appeals about indictable offences

  (1)   The Court has jurisdiction to hear and determine an appeal from a judgment of an eligible primary court to the extent the judgment:

  (a)   convicts the accused of a count in an indictment; or

  (b)   sentences the accused in relation to a count in an indictment; or

  (c)   acquits the accused of a count in an indictment as a result of the court (rather than a jury) finding that the accused had no case to answer; or

  (d)   acquits the accused because of mental illness in relation to a count in an indictment; or

  (e)   in the case of a judgment of the Court constituted by a single Judge--consists of one or more orders, determinations or findings under Division   6 or 9 of Part   IB of the Crimes Act 1914 .

Appeals against summary judgments

  (2)   The Court has jurisdiction to hear and determine an appeal from a judgment of:

  (a)   the Court constituted by a single Judge; or

  (b)   the Supreme Court of a Territory (other than the Australian Capital Territory or the Northern Territory); or

  (c)   in such cases as are provided by any other Act, a court (other than a Full Court of the Supreme Court) of a State, the Australian Capital Territory or the Northern Territory exercising federal jurisdiction;

in proceedings to try an offence summarily.

Appeals about bail and forfeiture of bail security

  (3)   The Court has jurisdiction to hear and determine an appeal from a judgment of the Court under Part   VIB (bail).

Appeals against interim judgments and decisions

  (4)   The Court has jurisdiction to hear and determine an appeal from a judgment or decision (however described) of the Court constituted by a single Judge if the judgment or decision is made:

  (a)   in indictable primary proceedings; and

  (b)   before the making of a judgment to acquit, discharge, convict or sentence the accused of the count in the indictment to which the judgment or decision relates;

and is not a judgment under Part   VIB (bail) or an order discharging the jury or a juror.

Note:   This subsection gives jurisdiction to hear, for example, appeals from decisions remanding the accused in custody under section   23HA.

Relationship to other Acts

  (5)   This section has effect subject to any other Act, whether passed before or after the commencement of this Act (including an Act by virtue of which any judgments referred to in this section are made final and conclusive or not subject to appeal).