Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 30CA

Cases/questions from proceedings other than committal proceedings

  (1)   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:

  (a)   can, under subsection   68A(2) of the Judiciary Act 1903 , commit a person for trial or sentencing before either:

  (i)   the Court; or

  (ii)   a superior court of the State or Territory; and

  (b)   can, under a law of the State or Territory, state a case or reserve a question for the consideration of that superior court;

the committals court may instead choose to state the case or reserve the question for the consideration of the Court.

General rules

  (3)   The Court has jurisdiction to hear and determine a case or question it receives under subsection   (1) or (2).

  (4)   Subject to any other Act, this jurisdiction of the Court:

  (a)   if the court stating the case or reserving the question is not a court of summary jurisdiction--must be exercised by a Full Court; or

  (b)   otherwise--may be exercised by a single Judge or by a Full Court.

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