Commonwealth Consolidated Acts

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FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23CB

Court may make orders during pre - trial hearings

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

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

  (a)   make orders, or give leave, under Subdivision B (matters relating to indictments);

  (b)   hear and determine an objection to the indictment;

  (c)   make an order under subsection   23CD(1) (pre - trial disclosure);

  (d)   determine the admissibility of evidence;

  (e)   hear and determine a submission that the matter should not proceed to trial for a reason not mentioned in a preceding paragraph of this subsection;

  (f)   rule on a matter of law that may arise during a trial on the indictment.

Note 1:   The Court could, for example, rule whether business records are admissible.

Note 2:   For the purposes of paragraph   (2)(b), the bases on which the accused may object to an indictment are set out in subsection   23CP(1).

  (3)   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.



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