Commonwealth Consolidated Regulations

FEDERAL COURT (CRIMINAL PROCEEDINGS) RULES 2016 - RULE 4.30

  (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.