Document ID: chunk:federal_register_of_legislation:C2004A03942:section:1979:p18
Version: federal_register_of_legislation:C2004A03942
Segment Type: section
Provision Reference: s 1979 (pt 18/27)
Character Range: 43540–46244

the injunction.".

PART 12—AMENDMENTS OF THE FEDERAL COURT OF AUSTRALIA ACT 1976

Principal Act

35. In this Part, "Principal Act" means the Federal Court of Australia Act 1976".

36. After section 30 of the Principal Act the following section is inserted in Division 2 of Part III:

Reference appeals

"30a. (1) Where:

    (a) a person has been tried on an indictment in the Supreme Court of the Australian Capital Territory; and

   (b) the person has been acquitted in respect of the whole or any part of the indictment;

the Attorney-General or the Director of Public Prosecutions may, within 6 weeks after the conclusion of the trial, or within such longer period as the Court, on sufficient cause being shown, allows, submit for the determination of a Full Court any question of law arising at or in connection with the trial.

   "(2) The Full Court shall hear and determine the question.

"(3) A determination made by the Court under this section does not invalidate or affect any verdict or decision given at the trial.

"(4) Any person who was charged at the trial in, or affected by the decision of, the Supreme Court of the Australian Capital Territory is entitled to be heard in the proceedings to determine the question.

"(5) If it appears that a person who was charged at the trial in, or affected by the decision of, the Supreme Court of the Australian Capital Territory does not propose to be represented in the proceedings to determine the question, the Attorney-General or Director of Public Prosecutions, as the case requires, shall instruct counsel to argue the question on the person's behalf.

"(6) A person shall not publish:

    (a) a report of a submission made under subsection (1); or

    (b) a report of proceedings under this section that discloses the name or identity of any person who was charged at the trial in, or affected by the decision of, the Supreme Court of the Australian Capital Territory.

"(7) A contravention of subsection (6) is punishable as a contempt of the Court.".

Rules of Court

37. Section 59 of the Principal Act is amended by inserting after paragraph (2) (c) the following paragraph:

     "(ca) the manner in which a submission may be made under subsection 30a (1), and the content of such a submission;".

PART 13—AMENDMENT OF THE JUDICIARY ACT 1903

Principal Act

38. In this Part, "Principal Act" means the Judiciary Act 190312.

Australian Government Solicitor

39. Section 55e of the Principal Act is amended by inserting after subsection (9) the following subsection:

"(9a) In the application of subsection (9) in relation to matters that are not the subject of litigation, that subsection does not prevent the

Secretary to the