A federal court, to be known as the Federal Court of Australia, is created by this Act.

The Court is a superior court of record and is a court of law and equity.

The Court consists of a Chief Justice, and such other Judges as from time to time hold office in accordance with this Act.

A Judge:

A person is not to be appointed as a Judge unless:

The commission of appointment of a Judge must assign the Judge to a particular location. The Judge:

In deciding whether to consent as mentioned in paragraph (3)(a), the Chief Justice has the same protection and immunity as if he or she were making that decision as, or as a member of, the Court.

(3B) Despite Judiciary Act 1903, the Court does not have jurisdiction with respect to a matter relating to the exercise by the Attorney-General or the Chief Justice of the power to consent as mentioned in paragraph (3)(a).section 39B of the

Resignation

A Judge may resign his or her office by writing under his or her hand delivered to the Governor-General, and the resignation takes effect on the day on which it is received by the Governor-General or on such later day as is specified in the writing.

Judge of 2 or more courts

Notwithstanding anything contained in any other Act, a person may hold office at the one time as a Judge, other than the Chief Justice, of the Court and as a Judge of a prescribed court or of 2 or more prescribed courts.

Style

A Judge or former Judge is entitled to be styled “The Honourable”.

Definition

In this section:

prescribed court means:

Whenever:

For the purposes of this Act, a person who is performing duties and exercising powers under subsection (1) is taken not to be assigned to either Division of the Court.

The Chief Justice and each other Judge shall, receive salary, annual allowances and travelling allowances at such respective rates as are fixed from time to time by the Parliament.

The salary and annual allowance to which a Judge is entitled under this section accrue from day to day and are payable monthly.

The remuneration of a Judge shall not be diminished during his or her continuance in office.

For the purpose of the organisation and conduct of the business of the Court, the Court comprises 2 Divisions:

Every proceeding in the Court must be instituted, heard and determined in a Division.

Fair Work Division

The following jurisdiction of the Court is to be exercised in the Fair Work Division:

The following jurisdiction of the Court is to be exercised in the General Division:

If the Court’s jurisdiction is required to be exercised in both Divisions in relation to particular proceedings or proceedings of a particular kind, the Chief Justice may, at any time (whether before or after the proceedings are instituted), give a direction about the allocation to one or other Division of those proceedings or proceedings of that kind.

The Chief Justice may, by written instrument, authorise a Judge to manage such class or classes of proceedings as may be specified:

In managing a class or classes of proceedings, a Judge is subject to any direction from the Chief Justice.

A Judge may be authorised even though the Judge is not assigned to a Division.

The authorisation of a Judge does not affect the rank, title, status and precedence as a Judge that the Judge had immediately before any such authorisation.

If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.

For the purposes of the exercise of the jurisdiction of the Court, the Court may be constituted by a single Judge or as a Full Court.

A Full Court consists of 3 or more Judges sitting together or, to the extent permitted by subsection (3), of 2 Judges sitting together.

Where, after a Full Court (including a Full Court constituted in accordance with this subsection) has commenced the hearing, or further hearing, of a proceeding and before the proceeding has been determined, one of the Judges constituting the Full Court dies, resigns his or her office or otherwise becomes unable to continue as a member of the Full Court for the purposes of the proceeding, then the hearing and determination, or the determination, of the proceeding may be completed by a Full Court constituted by the remaining Judges, if at least 3 Judges remain or, if the remaining Judges are 2 in number and the parties consent, by a Full Court constituted by the remaining Judges.

In the application of subsection (3) in relation to an appeal from a judgment of the Supreme Court of a Territory constituted by 2 or more Judges, the reference in that subsection to 3 Judges shall be read as a reference to 5 Judges and the reference in that subsection to Judges who are 2 in number shall be read as a reference to Judges who are 4 in number.

A Full Court constituted in accordance with subsection (3) or (4) may have regard to any evidence given or received, and arguments adduced, by or before the Full Court as previously constituted.

The Court constituted by one or more Judges may sit and exercise the jurisdiction of the Court notwithstanding that the Court constituted by one or more other Judges is at the same time sitting and exercising the jurisdiction of the Court.

The Chief Justice is responsible for ensuring the effective, orderly and expeditious discharge of the business of the Court.

(1AA) In discharging his or her responsibility under subsection (1) (and without limiting the generality of that subsection) the Chief Justice:

A Judge who is assigned to a Division of the Court must exercise, or participate in exercising, the powers of the Court only in that Division, except as set out in subsection (1B).

The Chief Justice may arrange for a Judge who is assigned to a particular Division of the Court to exercise, or participate in exercising, the powers of the Court in the other Division if the Chief Justice considers that circumstances make it desirable to do so.

To avoid doubt, a Judge who is not assigned to either Division of the Court may exercise, or participate in exercising, the powers of the Court in either Division.

Subsection (1A) does not affect the validity of any exercise of powers by the Court otherwise than in accordance with that subsection.

Judges who are also Judges of the Supreme Court of the ACT and the Northern Territory

Where a Judge of the Federal Court of Australia also holds office as an additional Judge of the Supreme Court of the Australian Capital Territory or of the Supreme Court of the Northern Territory of Australia, arrangements shall be made between the Chief Justice of the Federal Court of Australia and the Chief Judge or Chief Justice, as the case may be, of that Supreme Court as to the extent to which the Judge is to take part in the exercise of the jurisdiction of that Supreme Court, but the Chief Justice of the Federal Court of Australia shall consult with the Judge concerned before making any such arrangements.

Where a Judge, other than an additional Judge, of the Supreme Court of the Australian Capital Territory or of the Supreme Court of the Northern Territory of Australia also holds office as a Judge of the Federal Court of Australia, he or she is not required to take part in the exercise of the jurisdiction of the Federal Court of Australia except in accordance with arrangements made between the Chief Justice of the Federal Court of Australia and the Chief Judge or Chief Justice, as the case may be, of that Supreme Court, but the Chief Judge or Chief Justice, as the case may be, of that Supreme Court shall consult with the Judge concerned before making any such arrangements.

Except where, as authorized by this Act or another law of the Commonwealth, the jurisdiction of the Court is exercised by a Judge sitting in Chambers, the jurisdiction of the Court shall be exercised in open court.

For the purposes of subsection (1), the circumstances in which the jurisdiction of the Court is exercised in open court include where the exercise of jurisdiction is made accessible to the public by way of video link, audio link or other appropriate means.

The jurisdiction of the Court may be exercised by a Judge sitting in Chambers in:

A Judge may order a proceeding in Chambers to be adjourned into court.

The Court may order the exclusion of the public or of persons specified by the Court from a sitting of the Court where the Court is satisfied that the presence of the public or of those persons, as the case may be, would be contrary to the interests of justice.

The reference in subsection (4) to a sitting of the Court includes a reference to a sitting of the Court that is conducted by way of video link, audio link or other appropriate means.

The Chief Justice is responsible for managing the administrative affairs of the Court.

(1A) The administrative affairs of the Court do not include the corporate services of the Court.

(1B) The following matters relating to the Court are the corporate services of the Court:

For the purpose referred to in subsection (1), the Chief Justice has power to do all things that are necessary or convenient to be done, including, on behalf of the Commonwealth:

The powers given to the Chief Justice by subsection (2) are in addition to any powers given to the Chief Justice by any other provision of this Act or by any other Act.

Subsection (2) does not authorise the Chief Justice to enter into a contract under which the Commonwealth is to pay or receive an amount exceeding $1,000,000 or, if a higher amount is prescribed, that higher amount, except with the approval of the Attorney-General.

The Attorney-General may, by legislative instrument, determine matters that are the corporate services of the Court (see paragraph (1B)(j)).

The Chief Justice may arrange with the chief judicial officer (however described) of another Australian court for an officer or officers of that court to perform on behalf of the Court any or all of the following functions:

If an arrangement under subsection (1) is in force in relation to the performance by an officer of an Australian court of a function on behalf of the Court, the officer may perform that function despite any other provision of this Act or any other law of the Commonwealth.

A function performed on behalf of the Court in accordance with an arrangement under subsection (1) has effect as if the function had been performed by the Court.

Copies of an arrangement under subsection (1) are to be made available for inspection by members of the public.

For the purposes of this section, a member of the staff of an Australian court is taken to be an officer of that court.

The Chief Justice may arrange with the chief executive officer (however described) of:

If an arrangement under subsection (1) is in force in relation to the performance by an employee of an agency or organisation of a function on behalf of the Court, the employee may perform that function despite any other provision of this Act or any other law of the Commonwealth.

A function performed on behalf of the Court in accordance with an arrangement under subsection (1) has effect as if the function had been performed by the Court.

Copies of an arrangement under subsection (1) are to be made available for inspection by members of the public.

There is to be a Chief Executive Officer and Principal Registrar of the Court.

The Chief Executive Officer is to be appointed by the Governor-General by written instrument on the nomination of the Chief Justice.

The Chief Executive Officer has power to do all things necessary or convenient to be done for the purpose of assisting the Chief Justice under section 18B.

In particular, the Chief Executive Officer may act on behalf of the Chief Justice in relation to the administrative affairs of the Court.

The Chief Justice may give the Chief Executive Officer directions regarding the exercise of his or her powers under this Part.

The Chief Executive Officer is to be paid the remuneration and allowances determined by the Remuneration Tribunal.

If there is no determination in force, the Chief Executive Officer is to be paid such remuneration as is prescribed.

The Chief Executive Officer is to be paid such other allowances as are prescribed.

Remuneration and allowances payable to the Chief Executive Officer under this section are to be paid out of money appropriated by the Parliament for the purposes of the Court.

The Chief Executive Officer holds office for the period (not longer than 5 years) specified in the instrument of his or her appointment, but is eligible for re-appointment.

The Chief Executive Officer holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Chief Justice.

The Chief Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal.

The Chief Justice may grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Chief Justice, with the approval of the Attorney-General, determines.

Except with the consent of the Chief Justice, the Chief Executive Officer must not engage in paid employment outside the duties of his or her office.

The reference in subsection (1) to paid employment does not include service in the Defence Force.

The Governor-General may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity.

The Governor-General is required to terminate the appointment of the Chief Executive Officer if the Chief Executive Officer:

The Governor-General may, with the consent of a Chief Executive Officer who is:

In spite of anything contained in this section, if the Chief Executive Officer:

In spite of anything contained in this section, if the Chief Executive Officer:

In spite of anything contained in this section, if the Chief Executive Officer:

The Chief Executive Officer must give written notice to the Chief Justice of all direct or indirect pecuniary interests that the Chief Executive Officer has or acquires in any business or in any body corporate carrying on a business.

The Chief Executive Officer must give written notice to the Chief Justice of all material personal interests that the Chief Executive Officer has that relate to the affairs of the Court.

(3) Section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) does not apply to the Chief Executive Officer.

In addition to the Chief Executive Officer, there are the following officers of the Court:

The officers of the Court, other than the Chief Executive Officer, have such duties, powers and functions as are given to them by this Act or by the Chief Justice.

(4) The officers of the Court (other than the Chief Executive Officer, the Deputy Sheriffs, the Deputy Marshals of the Court and the Marshals for the purposes of the Admiralty Act 1988) are to be persons engaged under the Public Service Act 1999.

(5) The Deputy Sheriffs, the Deputy Marshals of the Court and the Marshals for the purposes of the Admiralty Act 1988 may be persons engaged under the Public Service Act 1999.

(6) The Chief Executive Officer may, on behalf of the Chief Justice, arrange with an Agency Head within the meaning of the Public Service Act 1999, or with an authority of the Commonwealth, for the services of officers or employees of the Agency or authority to be made available for the purposes of the administrative affairs of the Court.

There are to be such staff of the Registries as are necessary.

(8) The staff of the Registries is to consist of persons engaged under the Public Service Act 1999.

The Sheriff of the Court is responsible for the service and execution of all process of the Court (including warrants) directed to the Sheriff.

The Sheriff is also responsible for:

The Sheriff is also responsible for matters under Division 1A of Part III directed to the Sheriff.

A Deputy Sheriff may, subject to any directions of the Sheriff, exercise or perform any of the powers or functions of the Sheriff.

The Sheriff or a Deputy Sheriff may authorise persons to assist him or her in the exercise of any of his or her powers or the performance of any of his or her functions.

The Marshal of the Court is responsible for:

The Marshal of the Court is also responsible for:

The Marshal of the Court may authorise persons to assist the Marshal in exercising powers or performing functions as the Marshal.

A Deputy Marshal of the Court may authorise persons to assist the Deputy Marshal in exercising powers or performing functions as the Deputy Marshal.

As soon as practicable after 30 June in each year, the Chief Justice must prepare a report of the management of the administrative affairs of the Court during the year.

A report prepared after 30 June in a year must be given to the Attorney-General by 15 October of that year.

The Attorney-General must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable.

(4) A report prepared under this section may be included in a report prepared and given to the Attorney-General under Public Governance, Performance and Accountability Act 2013 in relation to the listed entity referred to in section 18ZB.section 46 of the

In exercising powers or performing functions under paragraph 15(1AA)(c) and subsection 15(1AAA), or assisting in exercising those powers or performing those functions, a complaint handler has the same protection and immunity as a Justice of the High Court.

In authorising a person or body under subsection 15(1AAB), the Chief Justice has the same protection and immunity as a Justice of the High Court.

A witness requested to attend, or appearing, before a complaint handler handling a complaint has the same protection, and is subject to the same liabilities in a proceeding, as a witness in a case tried by the High Court.

A lawyer assisting, or appearing on behalf of a person before, a complaint handler handling a complaint has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.

The Chief Executive Officer has the following functions:

The Chief Executive Officer has the power to do all things necessary or convenient to be done for the purpose of subsection (1).

(3) The Chief Executive Officer must consult with the following persons in relation to the Chief Executive Officer’s performance of functions, or exercise of powers, under this section:

A failure to comply with subsection (3) in relation to a decision does not affect the validity of the decision.

When performing functions, or exercising powers, under this section, before the Chief Executive Officer makes a decision that has the effect of imposing an expenditure obligation relating to the administrative affairs of a court mentioned in an item of the following table:

The Chief Executive Officer may, in writing, delegate to the holder of an office or position referred to in subparagraph 18ZB(a)(ii) or (iii) all or any of his or her functions or powers under this section.

(7) If the Chief Executive Officer delegates a function or power to a person (the delegate) under subsection (6), the Chief Executive Officer may give written directions to the delegate in relation to the performance of the function or the exercise of the power.

The delegate must comply with any directions given under subsection (7).

This section applies if, in an Appropriation Act for the ordinary annual services of the Government:

Before spending a part of the outcome amount for another outcome for the listed entity, if the outcome amount relates to the administrative affairs of a court mentioned in an item of the following table, the Chief Executive Officer must:

This section does not affect the operation of the Appropriation Act in relation to the listed entity’s departmental item.

(1) For the purposes of the Public Service Act 1999:

The persons are the following:

(1) The Chief Executive Officer must make the services of APS employees who are officers of the Federal Circuit and Family Court of Australia ( of the Federal Circuit and Family Court of Australia Act 2021.Division 1), or staff of the Registries of the Court, available for the purposes of assisting the Chief Executive Officer of the Federal Circuit and Family Court of Australia in the performance of functions under sections 84 and 278

While a person is performing services made available under subsection (1), that person must do so in accordance with the directions of:

(3) The Chief Executive Officer must make the services of APS employees who are officers of the Federal Circuit and Family Court of Australia (Federal Circuit and Family Court of Australia Act 2021.Division 2), or staff of the Court, available for the purposes of assisting the Chief Executive Officer of the Federal Circuit and Family Court of Australia in the performance of functions under sections 250 and 278 of the

While a person is performing services made available under subsection (3), that person must do so in accordance with the directions of:

The following officers are to be appointed by the Chief Executive Officer:

The Chief Executive Officer may delegate the Chief Executive Officer’s powers under paragraph (1)(b) or (c) to appoint any or all of the officers to the Chief Executive Officer of the Federal Circuit and Family Court of Australia.

The appointment of a person to more than one office, or an office or offices of more than one court, mentioned in subsection (1) may be made in a single instrument.

The Chief Executive Officer may engage persons having suitable qualifications and experience as consultants to, or to perform services for:

The Chief Executive Officer may engage persons to perform:

An engagement under subsection (1) or (2) is to be made:

The Chief Executive Officer may delegate the Chief Executive Officer’s powers under subsections (1) and (2) in relation to the Federal Circuit and Family Court of Australia to the Chief Executive Officer of the Federal Circuit and Family Court of Australia.

If, under subsection 18ZH(2) or 18ZI(4), the Chief Executive Officer delegates any powers to the Chief Executive Officer of the Federal Circuit and Family Court of Australia, the Chief Executive Officer of the Federal Circuit and Family Court of Australia may, in writing, delegate all or any of those powers to:

(2) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply to a delegation under this section in the same way as they apply to a delegation under section 18ZH or 18ZI.

A person may be an officer of one or more of the following courts:

(2) Subsection (1) has effect despite anything in this Act and the Federal Circuit and Family Court of Australia Act 2021.

The Court has such original jurisdiction as is vested in it by laws made by the Parliament.

The original jurisdiction of the Court includes any jurisdiction vested in it to hear and determine appeals from decisions of persons, authorities or tribunals other than courts.

Except as otherwise provided by this Act or any other Act, the original jurisdiction of the Court shall be exercised by a single Judge.

If the Chief Justice considers that a matter coming before the Court in the original jurisdiction of the Court is of sufficient importance to justify the giving of a direction under this subsection, the Chief Justice may direct that the jurisdiction of the Court in that matter, or a specified part of that matter, shall be exercised by a Full Court.

Subsection (1A) does not apply in relation to indictable primary proceedings.

The jurisdiction of the Court in a matter coming before the Court from a tribunal or authority (other than a court) while constituted by, or by members who include, a person who is a Judge of the Court or of another court created by the Parliament shall be exercised by a Full Court.

Subsections (1A) and (2) have effect subject to subsections (3) and (5).

Applications:

The Rules of Court may make provision enabling applications of the kind mentioned in subsection (3) to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing either with or without the consent of the parties.

In a matter coming before the Court as mentioned in subsection (1A) or (2), a single Judge (sitting in Chambers or in open court) or a Full Court may:

An application for the exercise of a power mentioned in subsection (5) must be heard and determined by a single Judge unless:

The Rules of Court may make provision enabling the powers in subsection (5) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing either with or without the consent of the parties.

This section applies in relation to any civil matter coming before the Court in the original jurisdiction of the Court.

The Court or a Judge may deal with the matter without an oral hearing (either with or without the consent of the parties) if satisfied that:

This section does not limit subsections 20(4) and (6).

The Court may, in civil proceedings in relation to a matter in which it has original jurisdiction, make binding declarations of right, whether or not any consequential relief is or could be claimed.

A suit is not open to objection on the ground that a declaratory order only is sought.

(1) This Division applies in relation to a person (the accused) if any of the following events happen:

(2) This Division applies in relation to the following proceedings (the indictable primary proceedings):

(3) In indictable primary proceedings, the accused and the prosecutor are parties to the proceedings.

Subdivision B—Matters relating to indictments

The Court may order one or more accused included in a single count in an indictment to be tried separately:

If the Court makes an order under subsection (1), the Court may make such other orders as it thinks appropriate in the circumstances.

The Court may make an order under subsection (1) before trial or during the trial.

The prosecutor may, in a single indictment, include counts against the accused for more than one indictable offence if those counts:

The prosecutor may, in a single indictment, include counts against more than one accused for the same or different indictable offences if those counts:

The Court may order one or more counts in an indictment to be tried separately:

If the Court makes an order under subsection (1), the Court may make such other orders as it thinks appropriate in the circumstances.

The Court may make an order under subsection (1) before trial or during the trial.

This section applies if the accused is committed for trial before the Court for an indictable offence.

General rule—indictments must be filed within 3 months

An indictment may only include a count that covers the offence if the indictment is filed in the Court as soon as practicable, and in any event within 3 months, after the committal order is made.

Extension—if accused/count separated from earlier indictment

Subsection (2) does not prevent the inclusion of a count in an indictment if:

Subsection (2) does not prevent the inclusion of a count in an indictment if:

The Court may order that subsection (3) or (4) does not apply in relation to an indictment, and may make such other orders about the time within which the indictment must be filed as the Court thinks appropriate in the circumstances.

Extension—by court order

On application by the prosecutor, the Court may, by order, extend (or further extend) the time by which, under subsection (2), (3), (4) or (5), an indictment is required to be filed.

The Court may exercise its power under subsection (6) only if the application for the extension (or further extension) is made before the end of the period to be extended (or further extended).

No effect on filing indictments in other courts

This section does not prevent an indictment of the accused for the indictable offence being filed in another court that has jurisdiction in relation to the offence.

If the accused is committed for trial before the Court for an indictable offence and an indictment is not filed in the Court within the time required by section 23BF, the Court may:

Subsection (1) has effect subject to subsections (3) and (4).

The Court must not:

Subsection (1) does not apply if an indictment of the accused for the indictable offence is filed in another court that has jurisdiction in relation to the offence.

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

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.

If the prosecutor replaces an indictment under subsection (1) or (2), the Court must dismiss the replaced indictment.

If an indictment is amended or replaced, the Court may make such orders as it thinks appropriate in the circumstances.

This section does not affect the amendment of an indictment under other provisions of this Division.

Subdivision C—Pre-trial matters (hearings, disclosure and quashing indictments)

During a pre-trial hearing, the Court may make orders and determinations for the efficient management and disposal of a trial on the indictment.

Without limiting subsection (1), the Court may do any or all of the following under that subsection:

If a trial on the indictment starts, an order or determination under subsection (1) applies for the trial unless the Court is satisfied that to follow the order or determination would be contrary to the interests of justice.

After the indictment is filed in the Court and before a trial on the indictment starts, the Court may order:

The accused must give the following to the prosecutor as soon as practicable after the accused’s first pre-trial hearing before the Court in relation to the indictment:

The notice of the accused’s response to the notice of the prosecution’s case must include the following:

Paragraph (1)(a) and subparagraph (1)(b)(ii) do not require the accused to disclose details of the accused’s proposed defence.

If the Court makes an order under subsection 23CD(1) requiring ongoing disclosure in accordance with this section:

If, contrary (or in addition) to the accused’s response under section 23CF, the accused later:

If, contrary (or in addition) to the prosecution’s response under section 23CG, the prosecutor later:

After giving the prosecution’s response under section 23CG, the prosecutor must give the accused:

Nothing in this Subdivision requires a copy or details of any information, document or other thing to be given if it is unlawful, impossible or impracticable to provide the copy or details.

However, the party to the proceedings required (but for subsection (1)) to give the copy or details must:

Nothing in this Subdivision requires the prosecutor to disclose the address or telephone number of any witness proposed to be called by the prosecutor, or of any other living person, unless:

The Court must not make an order under paragraph (1)(b) directing the disclosure of information unless it is satisfied that:

This section does not prevent the disclosure of an address if:

If:

A party is not excused from disclosing material under this Subdivision on the basis of litigation privilege claimed by the party in relation to the material.

This Subdivision does not otherwise:

This Subdivision does not abrogate or affect:

This Subdivision does not abrogate or affect the law relating to any duty of a person investigating the accused to ensure that information and other things are disclosed to the prosecutor or the accused.

Definitions

In this section:

legal professional privilege includes privilege (however described) under Division 1 of Part 3.10 of the Evidence Act 1995, or a similar law of a State or Territory.

litigation privilege means privilege (however described) that would, if the material were evidence to be adduced in the Court, protect against a disclosure covered by section 119 of the Evidence Act 1995.

The Court may make such orders as it thinks appropriate to ensure that:

However, the Court must not make an order under subsection (1) if it would result in an unfair trial.

Certain evidence cannot be adduced at trial unless there is earlier disclosure

If the accused fails to comply with subsection 23CD(2) in relation to an alibi, the accused may only adduce evidence of the alibi with the leave of the Court.

(4) If the accused fails to comply with subsection 23CD(2) in relation to a mental impairment (Criminal Code), the accused may only adduce evidence that the accused was suffering from the impairment with the leave of the Court.within the meaning of section 7.3 of the

(1) This section restricts what a person (the entrusted person) may do with any information, document or other thing (the protected material) the person obtains as the result of a disclosure under this Subdivision.

The entrusted person commits an offence if the person discloses any protected material to another person.

Each of the following is an exception to the prohibition in subsection (2):

The entrusted person is not to be required:

In this section:

disclose means divulge or communicate.

official employment means:

The Court may order that any or all of the material disclosed under this Subdivision is not admissible:

An order made under subsection (1) ceases to have effect if, during the indictable primary proceedings, the material is lawfully disclosed in open court.

The Court may, on the application of an interested person (whether during the indictable primary proceedings or otherwise), order that an order made under subsection (1) be:

The Court may, before making an order under subsection (3), direct that notice of the application be given to such persons as it thinks fit or be published in such manner as it thinks fit, or both.

The accused may object to a count in the indictment on the basis of:

If the Court upholds the objection, the Court may:

After the indictment is filed in the Court, the Court may direct a person to appear for examination before the Court or a Judge, the Chief Executive Officer, a Registrar, a District Registrar or a Deputy District Registrar of the Court if:

The Court may make such orders as it thinks appropriate in the circumstances to give effect to a direction under subsection (1).

A direction under subsection (1) may permit either or both of the parties to examine the person named in the direction.

For the purposes of paragraph (1)(d), the absence of committal proceedings does not, of itself, mean it will be contrary to the interests of justice to proceed to trial without the person being examined.

Subdivision D—Election in relation to a jury panel

The Court may give the Sheriff a written direction to arrange for a jury panel for indictable primary proceedings.

(2) The direction must specify the place (the sitting place) in the State or Territory where the jury is to sit.

The Sheriff must comply with the direction.

This section applies if the Court gives the Sheriff a written direction under subsection 23DC(1) to arrange for a jury panel for indictable primary proceedings.

The Sheriff must, in writing to the Chief Executive Officer, elect that either Subdivision DA or DB applies in relation to the provision of the jury panel to the Court for the purposes of the proceedings.

An election under subsection (2) is not a legislative instrument.

(1) The Sheriff must, in writing, determine which jury district is to apply to the indictable primary proceedings. This jury district (the applicable jury district) must be:

A determination made under subsection (1) is not a legislative instrument.

The Sheriff must prepare a jury list for the indictable primary proceedings.

(2) The jury list consists of:

The persons to be included in the jury list are to be selected at random from the jury roll.

The number of persons to be selected is the number the Sheriff thinks is adequate to allow a jury to be empanelled.

If:

A jury list is not a legislative instrument.

The Sheriff may make such enquiries as the Sheriff thinks necessary to determine whether a person included on the jury list:

Without limiting subsection (1), the Sheriff may send a questionnaire to some or all of the persons included in the jury list.

A person who receives a questionnaire under subsection (2) must complete the questionnaire in the manner specified and return it to the Sheriff within 14 days.

A failure by a person to comply with subsection (3) does not affect the retention of the person’s name on the jury list.

After preparing the jury list, the Sheriff may:

If the Sheriff makes a request under subsection (5), the Commissioner must give the information to the Sheriff.

The Sheriff may give the Court any information that the Commissioner gives the Sheriff under this section.

The Sheriff must not disclose information given to the Sheriff by the Commissioner under this section except:

A person is not qualified to serve as a juror in the indictable primary proceedings if:

(2) For the purposes of subsection (1), serving a term of imprisonment includes:

For the purposes of this section, disregard a conviction, sentence or order if the conviction, sentence or order has been set aside on appeal or as a result of a pardon.

A person is not qualified to serve as a juror in the indictable primary proceedings if the person is:

Subsection (1) has effect in addition to:

Subsection (1) applies whether the position the person holds is paid or not.

The Sheriff must issue summonses to a sufficient number of persons on the jury list to allow the empanelment of the jury.

The persons to be summonsed are to be selected at random from the jury list.

A summons to a person must be in the form, and be served, as provided for in the Rules of Court.

The Sheriff may withdraw a summons issued under this section.

The Sheriff must prepare a jury panel by listing the names, addresses and dates of birth of:

Only potential jurors who:

The Sheriff must assign a number to each potential juror who is included on the jury panel, indicating the number next to the person’s name on the list prepared.

A potential juror, who is not excused by the Sheriff, remains liable to be included on the jury panel until the potential juror is discharged.

Subdivision DB—Provision of a jury panel prepared under State or Territory laws

This Subdivision applies in relation to indictable primary proceedings if:

Without limiting paragraph (1)(b), an arrangement in force under section 23DZ may constitute consent for the purposes of that paragraph.

The Sheriff may, in writing, for the purposes of indictable primary proceedings under this Division, request a State/Territory jury official to:

The persons are persons who may be summoned under a law of the State or Territory concerned relating to juries for the purposes of the trial on indictment of an offence in the Supreme Court of the State or Territory concerned.

Complying with request

If a request is made under subsection (1), the official:

In complying with the request, the official must apply the same processes the official would apply in preparing a jury panel (however described), and issuing summonses, for the purposes of the trial on indictment of an offence in the Supreme Court of the State or Territory concerned.

The official may comply with the request under subsection (3) concurrently with any of the official’s powers, functions or duties under a law of the State or Territory relating to the preparation of a jury panel (however described), or relating to the issuing of summonses, for the purposes of the trial on indictment of an offence in the Supreme Court of the State or Territory concerned.

For the purposes of this section and subsections 23DZL(3) to (5), the laws in force in a State or Territory relating to:

For the purposes of subsection (6), the laws mentioned in that subsection apply with such changes as are necessary, and without limiting this, references to a court are taken to be references to the Court.

If a law of a State or Territory requires the Supreme Court of the State or Territory to issue a jury precept or direction (however described) before a State/Territory jury official is authorised to prepare a jury list or jury panel (however described), the request under subsection (1) is taken to satisfy that requirement.

When a jury panel is provided

A State/Territory jury official provides a jury panel to the Sheriff under this section by providing a list of the potential jurors on the jury panel to the Sheriff.

The list must include:

The laws in force in a State or Territory relating to the qualification of jurors that apply for the purposes of the trial on indictment of an offence in the Supreme Court of the State or Territory concerned extend and are to be applied for the purposes of the indictable primary proceedings.

For the purposes of subsection (1), the laws mentioned in that subsection apply with such changes as are necessary and, without limiting this, references to a court are taken to be references to the Court.

If the Sheriff makes a request under subsection 23DU(1) for the preparation and provision of a jury panel, subsections (2) to (4) of this section apply during the period:

The laws in subsection (3) extend and are to be applied, with such changes as are necessary, in respect of conduct engaged in by, or in relation to, persons or potential jurors in the indictable primary proceedings.

The laws are the laws in force in the State or Territory concerned, including laws that create offences, that:

Except for section 58AA, Part VIA of this Act does not apply in respect of conduct engaged in by, or in relation to, persons or potential jurors in the indictable primary proceedings.

(1) The Sheriff may disclose to a State/Territory jury official, and a State/Territory jury official may disclose to the Sheriff, personal information (within the meaning of the Privacy Act 1988) about a potential juror or juror in the indictable primary proceedings for the purpose of performing functions or duties under this Act.

Subsection (1) applies despite any other provision of this Act or any other law of the Commonwealth, a State or a Territory.

If a State/Territory jury official provides to the Sheriff a jury panel as mentioned in section 23DU, the Court must pay to the State or Territory concerned, for the provision of that panel, either:

An amount of a fee for the purposes of subsection (1) may be nil.

If the Court considers it appropriate to do so, the Court may pay a fee to a State or Territory if:

The Chief Justice or Chief Executive Officer may, in writing, make an arrangement with a State or Territory for and in relation to State/Territory jury officials in that State or Territory preparing, and providing to the Sheriff, a jury panel for the purposes of indictable primary proceedings under this Division.

If an arrangement under subsection (1) is in force in relation to a State/Territory jury official in a State or Territory, a State/Territory jury official in that State or Territory may prepare and provide the jury panel despite any other provision of this Act or any other law of the Commonwealth.

Subdivision DC—Liability to serve on jury and Sheriff’s excusal

A person who is qualified to serve as a juror for particular indictable primary proceedings is liable to serve as a juror for those proceedings unless the person:

Anything done by a jury is not invalid merely because a juror on the jury was not qualified to serve as a juror for the particular proceedings.

Subsections (2) and (5) apply if Subdivision DA applies in relation to the provision of a jury panel to the Court for the purposes of indictable primary proceedings.

A potential juror (or an interested person on the potential juror’s behalf) may apply to the Sheriff for the potential juror to be excused from serving on a jury at any time before the potential juror is seated in the jury box under subsection 23DZJ(3).

Excusal when Subdivision DB applies

Subsections (4) and (5) apply if Subdivision DB applies in relation to the provision of a jury panel to the Court for the purposes of indictable primary proceedings.

A potential juror (or an interested person on the potential juror’s behalf) may apply to the Sheriff for the potential juror to be excused from serving on a jury at any time within the period:

The Sheriff may excuse the potential juror if the Sheriff is satisfied that there is good cause to excuse the potential juror because of:

At any time before a potential juror is seated in the jury box under subsection 23DZJ(3), the Sheriff may excuse the potential juror from serving on the jury if the Sheriff is satisfied that the potential juror:

If the Sheriff becomes aware that a potential juror is not qualified to serve as a juror, the Sheriff must excuse the potential juror from serving on the jury.

Subdivision DD—Empanelling the jury

Before the selection of persons to be empanelled as the jury for a trial, the Sheriff must:

Before the selection of persons to be empanelled as the jury for the trial, the Court must inform each party to the trial that:

Before the selection of persons to be empanelled as the jury for the trial, the Court must:

The Court must ensure that an officer of the Court calls:

If:

If a potential juror’s name and/or number is called, the potential juror must sit in the jury box unless, before the potential juror can do so, the potential juror is:

The officer of the Court must continue to call the names and/or numbers of potential jurors, as provided under subsection (1), until the required number of jurors under section 23EAB are seated in the jury box.

When the required number of jurors under section 23EAB are seated in the jury box, those potential jurors must be sworn or make an affirmation.

When every potential juror seated in the jury box has been sworn, or has made an affirmation, those potential jurors are taken to have been empanelled as the jury for the trial.

Before a potential juror sits in the jury box, the Court may:

A potential juror who is not empanelled as one of the jurors for the trial under section 23DZJ is taken to be excused by the Court from serving on the jury at the earlier of:

If the jury panel was prepared under subsection 23DR(1) and there is an insufficient number of potential jurors available on the jury panel for empanelment of the jury under section 23DZJ, the Court may direct the Sheriff to supplement the jury panel by:

For the purposes of this Division, a person selected under paragraph (1)(c) of this section is taken to be a potential juror included on the jury panel.

Jury panel provided under Subdivision DB

If the jury panel was provided to the Sheriff under section 23DU and there is an insufficient number of potential jurors available on the jury panel for empanelment of the jury under section 23DZJ, the Sheriff may:

If a request to issue summonses is made under subparagraph (3)(b)(i) of this section, the official:

The persons are persons:

For the purposes of this Division, a person selected under paragraph (3)(c) of this section is taken to be a potential juror included on the jury panel.

This section and sections 23DZN and 23DZP set out each party’s rights to challenge the inclusion of a potential juror in a jury.

If a party wishes to challenge the inclusion of a potential juror in the jury, the party must do so:

If:

Each party to the indictable primary proceedings may exercise an unlimited number of challenges for cause.

A challenge to a potential juror for cause must be tried by a Judge before whom the jury is being empanelled.

This section sets out the prosecutor’s right to request that a potential juror be stood aside.

If:

If:

If a potential juror has their name and/or number called for a second time in accordance with subsection (3) the prosecutor may not request that the potential juror be stood aside.

The prosecutor is entitled to:

(1) The Sheriff may, in writing, determine that the electoral Divisions specified in the determination constitute a jury district for a particular State or Territory.

There may be more than one jury district for a State or Territory.

A determination made under subsection (1) is not a legislative instrument.

Jury rolls

(4) The Sheriff may prepare a written jury roll for a jury district composed of the Rolls (as on the day the Sheriff begins the preparation) for each electoral Division that forms part of the jury district.

A jury roll prepared under subsection (4) is not a legislative instrument.

The number of jurors on a jury is:

An order under paragraph (1)(b) must be made before the jury is empanelled under section 23DZJ for the indictable primary proceedings.

Subject to subsection (3), if a juror is discharged during a trial, the Court may direct that the trial continue with the remaining jurors.

If the Court gives a direction under subsection (1) after the jury has retired to consider its verdict on a count in the indictment, the verdict of the remaining jurors has the same effect as if it were the verdict of all the persons who were jurors when the jury retired to consider its verdict.

A trial must not continue with fewer than 10 jurors.

The Court may give such directions as the Court thinks necessary in order to protect the security of a juror or potential juror.

Without limiting subsection (1), the Court may direct that a potential juror:

A direction under this section may cover more than one juror or potential juror.

The Court may order such things (including copies of documents) as it thinks appropriate in the circumstances to be given to the jury to assist the jury to understand issues during the trial.

The Court may specify in an order under subsection (1) when, and the manner in which, the things are to be given to the jury.

The jury:

The Court need not be in the presence of the jury when making an order under subsection (1).

Each juror is subject to the direction of the Sheriff and the Court.

Each potential juror is, after attending for service as a juror in accordance with the jury summons, subject to the direction of the Sheriff and the Court.

The Sheriff must investigate whether the verdict of a jury is being, or has been, affected because of the improper conduct of a juror or jurors if:

The Sheriff must report the outcome of the investigation to the Court.

Disclosing information

(3) Subsection (4) applies in relation to a person (the officer) whose duties include convening juries for trials before a court of a State or Territory.

The Sheriff may disclose to the officer information identifying a juror or former juror so that the officer can consider whether to summons the juror or former juror when convening a trial before the State or Territory court.

A potential juror is discharged if the potential juror is excused from serving on the jury.

A potential juror is discharged if a challenge to the inclusion of the potential juror on the jury is upheld.

A juror is discharged if the juror is not selected in a ballot conducted under section 23EAD in relation to the jury.

A juror is taken to be discharged if the juror dies.

The Court must discharge the jury in relation to an accused if each count in the indictment that relates to the accused is covered by one of the following paragraphs:

The Court may, at any time during a trial, discharge a jury if the Court is satisfied that it is expedient to do so in the interests of justice.

Discharge if Judge incapable of proceeding

If, during a trial, a Judge becomes incapable of proceeding with the trial or directing the discharge of the jury, another Judge must discharge the jury.

Discharge if number of jurors falls below 10

The Court must discharge the jury immediately if the number of jurors falls below that permitted in subsection 23EAC(3).

The Court must order a new trial of an accused in relation to a count in the indictment if:

Subsection (1) does not apply if:

If the jury is discharged under subsection 23EL(3) or (5) during the 3 month period starting on the day on which a jury is first empanelled for the trial under section 23DZJ, the Court may:

For the purposes of empanelling the new jury, this Division (other than this section) applies as if the first jury had not been empanelled.

Despite subsection (4):

If the prosecution of the accused is to proceed to trial, the accused must be arraigned before a jury in accordance with the Rules of Court.

The trial on indictment of the accused starts when the accused is arraigned before the jury.

If the trial happens as the result of a court committing the accused for trial before the Court, then this section applies to:

The Court may allow a party to admit committal evidence, in whole or in part, as evidence at the trial if the Court is satisfied:

The accused may enter a plea of guilty, or not guilty, to a count in the indictment.

The accused is taken to have entered a plea of not guilty to a count in the indictment if the accused fails to enter a plea to the count when directed by the Court.

The accused may both:

The accused may enter a plea of guilty to an offence not specified in the indictment if:

For the purposes of this Act, if the accused pleads guilty to an offence in accordance with subsection (1), the indictment is taken to have always included a count against the accused for the offence.

The accused may change his or her plea in accordance with this section.

Changing plea to guilty

If the accused has entered a plea of not guilty in relation to a count in the indictment, the accused may change the plea to guilty.

Changing plea to not guilty

If the accused has entered a plea of guilty in relation to a count in the indictment, the accused may change the plea to not guilty only with the leave of the Court. The Court may grant leave at any time before the Court imposes a sentence on the accused in relation to an offence specified in the count.

If the accused changes the plea in accordance with subsection (3):

This section applies if:

The Court must:

The Court must not direct the jury to deliver a verdict for the count in relation to the accused.

The jury’s verdict on each count in the indictment must be unanimous. If the indictment includes alternate counts, the jury need only reach a verdict on one of those counts.

Before the jury retires to consider its verdict on a count in the indictment, the Court must inform the jury that its verdict must be unanimous.

Jury may deliver alternative verdicts

If an offence specified in a count in the indictment is an offence for which an Act allows the jury to find the accused:

If, in accordance with an Act referred to in subsection (3), the jury unanimously finds the accused:

The jury’s verdict is to be delivered by the jury foreperson.

If the accused:

If a plea of guilty is not accepted under subsection (1):

If the jury delivers a unanimous verdict of guilty for a count in the indictment in relation to an accused, the Court must accept the verdict unless it would be contrary to the interests of justice to do so.

Consequences of accepting a guilty plea or guilty verdict

If a plea of guilty, or a verdict of guilty, is accepted for a count in the indictment in relation to an accused, then:

However, if the accused changes, in accordance with subsection 23FG(3), a plea of guilty to the count to a plea of not guilty, then:

(6) Paragraph (4)(b) does not apply if, when sentencing the accused in relation to the offence, the Court makes an order under Crimes Act 1914.section 19B of the

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

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

If, during indictable primary proceedings:

A warrant of commitment under subsection (1) may be signed by any Judge, the Chief Executive Officer or any Registrar, District Registrar or Deputy District Registrar of the Court.

A person required to make an oath or affirmation under this Division must make the oath or affirmation in the form provided for in the Rules of Court.

The Court may require a person to make an oath or affirmation for the purposes of this Division if the Court thinks this is reasonably necessary.

The Court may make such orders as it thinks appropriate in the circumstances to protect:

Without limiting subsection (1), the Court may do either or both of the following under that subsection:

Without affecting the admissibility of any evidence which might be given apart from this subsection, in proceedings for the prosecution of a person for a related summary offence, the Court may admit as evidence in relation to the prosecution:

On the hearing of a prosecution against a person for a related summary offence, a party may adduce further evidence only with the leave of the Court.

Subject to this section and 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), the Court has jurisdiction to hear and determine:

An appeal shall not be brought from a judgment referred to in subsection (1) that is an interlocutory judgment unless the Court or a Judge gives leave to appeal.

Subsection (1A) is subject to subsection (1C).

Leave to appeal under subsection (1A) is not required for an appeal from a judgment referred to in subsection (1) that is an interlocutory judgment:

The following are taken to be interlocutory judgments for the purposes of subsections (1A) and (1C):

The fact that there has been, or can be, no appeal from an interlocutory judgment of the Court in a proceeding does not prevent:

The appellate jurisdiction of the Court shall, subject to this section and to the provisions of any other Act, be exercised by a Full Court.

(1AA) The appellate jurisdiction of the Court in relation to an appeal from a judgment of the Federal Circuit and Family Court of Australia (Division 2) is to be exercised by:

Subsection (1AA) has effect subject to subsections (2) and (2B).

Applications:

The Rules of Court may make provision enabling applications of the kind mentioned in subsection (2) to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing either with or without the consent of the parties.

A single Judge (sitting in Chambers or in open court) or a Full Court may:

The Rules of Court may make provision enabling matters of the kind mentioned in subsection (2B) to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing either with or without the consent of the parties.

Except where the Chief Justice considers it impracticable for the Court to be so constituted, a Full Court of the Court for the exercise of jurisdiction in an appeal from a judgment of the Supreme Court of a Territory shall include at least one Judge who holds office as a Judge of the Supreme Court of that Territory.

The jurisdiction of the Court in an appeal from a judgment of the Supreme Court of a Territory constituted by 2 or more Judges shall be exercised by a Full Court of the Court constituted by not less than 5 Judges.

Subject to any other Act, the jurisdiction of the Court in an appeal from a judgment of a Court of summary jurisdiction is to be exercised by:

The Court constituted by a single Judge may state any case or reserve any question concerning a matter (whether or not an appeal would lie from a judgment of the Judge to a Full Court of the Court on the matter) for the consideration of a Full Court and the Full Court has jurisdiction to hear and determine the case or question.

A court from which appeals lie to the Court may state any case or reserve any question concerning a matter with respect to which such an appeal would lie from a judgment of the first-mentioned court for the consideration of the Court and the Court has jurisdiction to hear and determine the case or question.

Subject to any other Act, the jurisdiction of the Court under subsection (1):

A court referred to in subsection (1) shall not state a case, or reserve or refer a question concerning a matter referred to in that subsection, to a court other than the Court.

Subject to any other Act, the Court may, in the exercise of its appellate jurisdiction:

It is the duty of a court to which a cause is remitted in accordance with paragraph (g) of subsection (1) to execute the judgment of the Court in the same manner as if it were its own judgment.

The powers specified in subsection (1) may be exercised by the Court notwithstanding that the notice of appeal asks that part only of the decision may be reversed or varied, and may be exercised in favour of all or any of the respondents or parties, including respondents or parties who have not appealed from or complained of the decision.

An interlocutory judgment or order from which there has been no appeal does not operate to prevent the Court, upon hearing an appeal, from giving such decision upon the appeal as is just.

Where an appeal to the Court from another court has been instituted:

This section does not affect the operation of any provision made by or under any other Act or by the Rules of Court for or in relation to the stay of proceedings.

In an appeal in which the Court grants a new trial, the Court may impose such conditions on a party, and may direct such admissions to be made by a party, for the purpose of the new trial as are just.

Where the Court grants a new trial in a suit, the Court:

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

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

The Court has jurisdiction to hear and determine an appeal from a judgment of the Court constituted by a single Judge in proceedings for a related summary offence.

Appeals about bail and forfeiture of bail security

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

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:

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).

An appeal under section 30AA cannot be brought from a judgment referred to in subsection 30AA(1) or (2) unless:

An appeal under section 30AA cannot be brought from a judgment or decision of a Judge referred to in subsection 30AA(4) unless that Judge gives leave to appeal.

The accused and the prosecutor, in relation to a judgment or decision referred to in section 30AA, may:

However, the prosecutor cannot act under subsection (1) in the case of a judgment covered by paragraph 30AA(1)(d).

The Attorney-General may consent in writing for the accused to appeal under this section if:

If the Attorney-General consents under subsection (1), the Court has jurisdiction to hear and determine:

Subsection (1) 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).

The appellate jurisdiction of the Court referred to in sections 30AA and 30AD must, subject to any other Act, be exercised by a Full Court.

Applications:

Applications:

In relation to criminal appeal proceedings, a single Judge (sitting in Chambers or in open court) or a Full Court may:

An application for the exercise of a power mentioned in subsection (4) must be heard and determined by a single Judge unless:

The Rules of Court may make provision enabling an application of the kind mentioned in subsection (2), (3) or (4A) to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing.

The Court constituted by a single Judge may state any case or reserve any question concerning a matter with respect to which an appeal would lie from a judgment of the Judge to a Full Court of the Court for the consideration of a Full Court. The Full Court has jurisdiction to hear and determine the case or question.

Subsections 25(3) and (4) (appeals from Supreme Court of a Territory) apply to appellate jurisdiction under this Division in a corresponding way to the way in which they apply to appellate jurisdiction under Division 2.

This section applies in relation to the filing of:

The notice must be filed in the Court before the end of 28 days after the end of:

However, the Court may, by order, extend (or further extend) the period within which the notice must be filed if the Court is satisfied it is in the interests of justice to do so.

In an appeal under this Division, the Court:

The Court may receive further evidence under paragraph (1)(c) by:

The Court must allow an appeal under section 30AA from a judgment convicting the accused if the Court is satisfied:

However, if the Court is satisfied of a matter in paragraph (1)(a) or (b), the Court may dismiss the appeal if the Court is satisfied that there has not been a substantial miscarriage of justice.

Appeals against sentence

The Court must allow an appeal under section 30AA from a judgment sentencing the accused if the Court is satisfied that some other sentence (whether more or less severe) is warranted in law.

Other appeals under section 30AA

The Court may allow any other appeal under section 30AA if the Court is satisfied it is in the interests of justice to do so.

Final appeals

The Court may allow an appeal covered by section 30AD if the Court is satisfied that it would be a miscarriage of justice not to allow the appeal.

(1) If an appeal to the Court has been instituted under this Division in relation to a judgment or decision (the appealed decision), the Court or a Judge may make an order, on such conditions (if any) as the Court or Judge thinks fit, to stay or otherwise affect the operation or implementation of, any order arising from the appealed decision.

This section does not affect the operation of any provision made by or under any other Act or by the Rules of Court for or in relation to the stay or suspension of orders.

The Court may, by order, when exercising its appellate jurisdiction under this Division:

Without limiting subsection (1), the other action the Court can take if it allows an appeal includes that set out in sections 30BB to 30BG.

This section applies if the Court allows an appeal covered by paragraph 30AA(1)(a) or 30AD(2)(a).

The Court may:

(3) The Court may substitute a guilty verdict for an offence (the substituted offence) other than the offence to which the appeal relates (the appealed offence) if:

(4) The Court may substitute a guilty verdict for an offence (the substituted offence) other than the offence to which the appeal relates (the appealed offence) if the Court is satisfied that:

For a guilty verdict substituted under subsection (3) or (4), the Court may:

This section applies if the Court allows an appeal covered by paragraph 30AA(1)(b) or 30AD(2)(b).

The Court may:

This section applies if the Court allows an appeal covered by paragraph 30AA(1)(c) or (d).

The Court may:

This section applies if the Court allows an appeal covered by paragraph 30AA(1)(e).

The Court may vary or set aside:

This section applies if the Court allows an appeal covered by subsection 30AA(2) or (2A).

For an appeal against conviction, the Court may set aside the conviction, and:

For an appeal against sentence, the Court may:

(4) For an appeal against a judgment in which one or more orders were made under Crimes Act 1914, the Court may:Division 8 of Part IB, or subsection 19B(1), of the

For an appeal against acquittal, the Court may set aside the acquittal, and:

This section applies if the Court allows an appeal covered by subsection 30AA(3) or (4).

The Court may, in every case:

The Court may, if it allows an appeal covered by subsection 30AA(4), order the continuation or cessation of the proceedings in which the appealed decision was made.

The powers in this Subdivision may be exercised even though the notice of appeal asks that only part of the judgment or decision be reversed or varied.

For the purposes of sentencing an accused under this Subdivision (including by way of substituting a different sentence), the Court’s powers are taken to include those of the court from which the appeal was made.

This Subdivision has effect subject to section 80 of the Constitution and to any other Act.

Subdivision C—References

A court in proceedings from which appeals lie under section 30AA (other than proceedings covered by subsection (2)) may state any case or reserve any question concerning a matter with respect to which such an appeal would lie for the consideration of the Court.

Cases/questions from committal proceedings

(2) If, in proceedings before a court of a State or Territory (the committals court), the court: