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Federal Court of Australia Amendment (Criminal Jurisdiction) Bill 2009

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2008-2009

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Federal Court of Australia Amendment (Criminal Jurisdiction) Bill 2008

 

 

( 1 )     Schedule  1 , item  3 , page 56 (lines 5 to 29) , omit subsections 30AE ( 4 ) and (5), substitute:

             (4)  In relation to criminal appeal proceedings, a single Judge (sitting in Chambers or in open court) or a Full Court may:

                     (a)  join or remove a party to an appeal to the Court; or

                     (b)  make an order by consent disposing of an appeal to the Court; or

                     (c)  make an order that an appeal to the Court be dismissed for want of prosecution; or

                     (d)  make an order that an appeal to the Court be dismissed for:

                              (i)  failure to comply with a direction of the Court; or

                             (ii)  failure of the appellant to attend a hearing relating to the appeal; or

                     (e)  vary or set aside an order under paragraph (c) or (d); or

                      (f)  give directions about the conduct of an appeal to the Court, including directions about:

                              (i)  the use of written submissions; and

                             (ii)  limiting the time for oral argument.

          (4A)  An application for the exercise of a power mentioned in subsection (4) must be heard and determined by a single Judge unless:

                     (a)  a Judge directs that the application be heard and determined by a Full Court; or

                     (b)  the application is made in a proceeding that has already been assigned to a Full Court and the Full Court considers it is appropriate for it to hear and determine the application.

             (5)  The Rules of Court may make provision enabling an application of the kind mentioned in subsection (2), (3) or (4A) to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing.

[managing appeal proceedings]

( 2 )     Schedule  1 , items  60 to 63 , page 110 (lines 6 to 27) , to be opposed .

[managing appeal proceedings]