Document ID: chunk:federal_register_of_legislation:C2024C00819:section:30ae:p1
Version: federal_register_of_legislation:C2024C00819
Segment Type: section
Provision Reference: s 30AE (pt 1/2)
Character Range: 202714–205206

30AE  Exercise of appellate jurisdiction
 (1) 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.
 (2) Applications:
 (a) for leave to appeal under subsection 30AA(1) or (2); or
 (b) for an extension of time within which to file:
 (i) a notice of application for leave to appeal under subsection 30AA(1) or (2); or
 (ii) a notice of appeal under subsection 30AA(1) or (2) for an appeal involving a question of law alone; or
 (iii) a notice of appeal under subsection 30AA(3); or
 (c) for leave to amend the grounds of an appeal under subsection 30AA(1), (2) or (3); or
 (d) to stay an order of a Full Court;
must be heard and determined by a single Judge unless:
 (e) a Judge directs that the application be heard and determined by a Full Court; or
 (f) the application is made in a proceeding that has already been assigned to a Full Court, and the Full Court considers it is appropriate for it to hear and determine the application.
 (3) Applications:
 (a) for leave to appeal a judgment or decision of a Judge referred to in subsection 30AA(4); or
 (b) for an extension of time within which to file a notice of application for leave to appeal under that subsection; or
 (c) for leave to amend the grounds of an appeal under that subsection;
must be heard and determined by the Judge who made the judgment or decision.
 (4) In relation to criminal appeal proceedings, a single Judge (sitting in Chambers or in open court) or a Full Court may:
 (b) make an order by consent disposing of an appeal to the Court; or
 (c) make an order that an appeal to the Court be dismissed for want of prosecution; or
 (d) make an order that an appeal to the Court be dismissed for:
 (i) failure to comply with a direction of the Court; or
 (ii) failure of the appellant to attend a hearing relating to the appeal; or
 (e) vary or set aside an order under paragraph (c) or (d); or
 (f) give directions about the conduct of an appeal to the Court, including directions about:
 (i) the use of written submissions; and
 (ii) limiting the time for oral argument.
 (4A) An application for the exercise of a power mentioned in subsection (4) must be heard and determined by a single Judge unless:
 (a) a Judge directs that the application be heard and determined by a Full Court; or
 (b) the application is made in a proceeding that has already been assigned to a Full Court and the Full Court considers it is appropriate for