Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23CP

  (1)   The accused may object to a count in the indictment on the basis of:

  (a)   a formal defect apparent on the face of the indictment; or

  (b)   the Court lacking jurisdiction; or

  (c)   autrefois acquit or autrefois convict; or

  (d)   a pardon.

Note:   The objection must be raised during a pre - trial hearing unless the Court allows otherwise (see section   23CC).

  (2)   If the Court upholds the objection, the Court may:

  (a)   in every case:

  (i)   make an order quashing the count in relation to the accused; and

  (ii)   if after quashing the count, no counts remain in the indictment in relation to the accused or any other accused--make an order quashing the indictment; and

  (iii)   discharge the accused in relation to the count; and

  (iv)   make such other orders as it thinks appropriate in the circumstances; or

  (b)   if the objection is covered by paragraph   (1)(a)--make an order for the amendment of the indictment to remove the defect instead of quashing the count.