Commonwealth Numbered Regulations

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FEDERAL COURT (CRIMINAL PROCEEDINGS) RULES 2016 (F2016L01726) - RULE 4.30

Form of referral of question of law

             (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.



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