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FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 30CB Questions referred after trial

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 30CB

Questions referred after trial

  (1)   If a judgment of the Court acquits a person following a trial on indictment for an indictable offence, the prosecutor may apply to the Court or a Judge for leave to refer a question of law arising from the judgment to a Full Court for its determination.

  (2)   If leave is granted, both the prosecutor and the acquitted person may make submissions to the Full Court in relation to the Court's determination of the question of law.

  (3)   A determination made by the Court on the question of law does not affect the person's acquittal.

  (4)   The Court may make orders to ensure each party to proceedings under this section is adequately represented in those proceedings. This subsection has effect despite section   30DA.