Document ID: chunk:federal_register_of_legislation:F2024C00482:reg:13:p28
Version: federal_register_of_legislation:F2024C00482
Segment Type: reg
Provision Reference: reg 13 (pt 28/48)
Character Range: 79922–82416

if the acquitted person does not want to make submissions in relation to the Court's determination of the question of law.

4.28  Filing and service of application for leave to refer question of law
 (1) An application for leave to refer a question of law under subsection 30CB(1) of the Act must be filed no later than 28 days after the acquitted person is discharged.
 (2) A stamped copy of the application and accompanying affidavit must be served personally on the acquitted person at least 5 days before the day fixed by the Court for hearing the application.

4.29  Hearing of application for leave to refer question of law
  An application for leave to refer a question of law under subsection 30CB(1) of the Act is to be heard by a single Judge unless the Court otherwise directs.

4.30  Form of referral of question of law
 (1) If the Court grants leave under subsection 30CB(1) of the Act to a prosecutor to refer a question of law, the prosecutor must:
 (a) file a notice of referral of a question of law in accordance with Form CP28; and
 (b) include in the notice:
 (i) a statement of the question of law that has been referred; and
 (ii) a concise statement of the facts of the case; and
 (c) attach to the notice:
 (i) any documents necessary to enable the Court to decide the question of law; and
 (ii) a copy of the order granting leave to refer the question of law.
 (2) The notice must be filed within 28 days after the day on which leave was granted.
 (3) A stamped copy of the notice must be served personally on the acquitted person within 5 days after the day the notice is filed.

4.31  Appearance of acquitted person at hearing relating to referral of question of law
  An acquitted person who wants to appear at a hearing of proceedings under section 30CB of the Act must:
 (a) file a notice of intended appearance in accordance with Form CP29 or CP30, as required; and
 (b) file a notice of address for service for the acquitted person; and
 (c) serve a stamped copy of each notice on the prosecutor at least 3 days before the day fixed for the hearing.
Note 1: Under section 30CB of the Act, if leave is granted to refer a question of law to the Full Court, both the prosecutor and the acquitted person may make submissions in relation to the determination of the question of law.
Note 2: For the form of the notice of address for service, see rule 1.38.

Division 4.6—Cases stated and questions reserved

4.32  Cases stated and questions reserved
 (1) A case stated