(1)  Despite section 361 , a party to proceedings in respect of a crime may apply to the court for an order to have the trial in respect of the crime be determined by a single judge in place of a trial by jury.

(2)  An application for an order under subsection (1) in respect of a crime –

(a) may only be made within the 3-month period immediately after the accused person, in respect of the crime, has first appeared before the Supreme Court in respect of the crime; and

(b) may only be made by the prosecutor for the crime if –

(i) the accused person, in respect of the crime, has given informed consent to the proposed order; or

(ii) as part of the application, the prosecutor requests that the court make the proposed order without the consent of the accused person, in respect of the crime, in accordance with subsection (8) ; and

(c) may not be made in respect of an offence against a law of the Commonwealth.

(3)  Despite subsection (2)(a) , the court may consider an application made outside of the period specified in that paragraph if the court is satisfied that the applicant has provided a reasonable explanation for the delay in the making of the application.

(4)  In determining whether to make an order under subsection (1) , the court may inform itself in any manner it thinks appropriate.

(5)  The court must not make an order under subsection (1) in respect of a crime unless the court is satisfied that –

(a) the accused person, in respect of the crime, has given informed consent in accordance with subsection (6) to the proposed order; and

(b) it is in the interests of justice for the order to be made; and

(c) if the accused person has been charged with more than one offence in addition to the crime and the offences are to be tried together, the order is to relate to all of the charges that are to be tried together; and

(d) if there is more than one accused person to be tried together for the crime –

(i) an application has been made, under this section in respect of the crime, in relation to each accused person to be tried together for the crime; and

(ii) each such accused person has given informed consent to the proposed order that is relevant to the accused person.

(6)  For the purposes of subsection (5)(a) , the court may only be satisfied that an accused person has given informed consent under this section to a proposed order if the court is satisfied of each of the following in respect of the accused person:

(a) the accused person understands the nature of the proposed order and the effect of an order under this section, if made;

(b) the accused person –

(i) has been provided with legal advice on the effect of the proposed order, if made; or

(ii) has been offered, or advised to obtain, such legal advice and has refused the offered legal advice or to obtain the legal advice;

(c) if the accused person has been provided with legal advice in accordance with paragraph (b)(i) , the legal practitioner who provided the legal advice to the accused person has certified in writing –

(i) that the legal advice was provided; and

(ii) whether the legal practitioner believes that the accused person has freely given the informed consent.

(7)  In determining whether it is in the interests of justice for an order to be made under this section as required under subsection (5)(b) , the court –

(a) is to take into account whether the crime to which the order relates involves an element or a question of fact that –

(i) is more appropriate to be determined by a jury to ensure that community standards and opinions are reflected in its determination; and

(ii) includes, but is not limited to, an element relating to, or a question of, reasonableness, dangerousness indecency, negligence or obscenity; and

(b) may take into account any other matter or circumstance that the court considers relevant.

(8)  The court does not have to be satisfied of the matters in subsection (5)(a) and (d) in respect of an accused person if the court is satisfied that there is a significant risk that an offence under section 63 of the Juries Act 2003 may occur if the accused person is tried by jury.

(9)  Unless otherwise specified and as necessary in the context, if an order is granted under this section in respect of a crime, a reference in this Act or any other Act to a trial by jury is taken to include a reference to a trial by a single judge undertaken in accordance with the order so made.

(10)  If an application is made under this section in respect of a crime and is later withdrawn before the application is determined, the applicant may not make another application under this section in respect of the crime except where the court is satisfied that exceptional circumstances exist.

(11)  An order made under subsection (1) may only be revoked if the court –

(a) is satisfied that the information on which the order was made was false or misleading in a material particular; or

(b) otherwise considers that there are reasonable grounds to revoke it.