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FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23AB

Application of Division

Events causing Division to apply, and meaning of key concepts

             (1)  This Division applies in relation to a person (the accused ) if any of the following events happen:

                     (a)  either the accused, the prosecutor or both appear before the Court in accordance with an order committing the accused for trial on indictment, or sentencing, before the Court for an indictable offence;

                     (b)  the prosecutor files in the Court an indictment against the accused for an indictable offence (whether or not the accused has been examined and committed for trial on indictment);

                     (c)  the prosecutor applies to the Court for an extension of time in which to file in the Court an indictment of the kind covered by paragraph (b) against the accused;

                     (d)  the accused applies to the Court in relation to the prosecutor's failure to file an indictment against the accused in response to an order committing the accused for trial on indictment before the Court for an indictable offence;

                     (e)  either the accused, the prosecutor or both appear before the Court in accordance with an order of a State or Territory court granting the accused bail in relation to an indictable offence.

Indictable primary proceedings

             (2)  This Division applies in relation to the following proceedings (the indictable primary proceedings ):

                     (a)  proceedings in the Court that are commenced by, or that include, an event mentioned in subsection (1);

                     (b)  proceedings in the Court for sentencing the accused if the Court, in proceedings covered by paragraph (a), has accepted a plea of guilty, or a verdict of guilty, for a count in the indictment in relation to the accused;

                     (c)  proceedings in the Court that are ancillary to proceedings covered by paragraph (a) or (b).

Parties to the proceedings

             (3)  In indictable primary proceedings, the accused and the prosecutor are parties to the proceedings.

Note:          More than one accused may be a party to the proceedings if they are prosecuted on a single indictment (see sections 23BB and 23BD).

Offences to which this Division applies

             (4)  A reference in this Division to an offence is a reference to any of the following:

                     (a)  an offence against either of the following sections of the Competition and Consumer Act 2010 :

                              (i)  section 44ZZRF (making a contract etc. containing a cartel provision);

                             (ii)  section 44ZZRG (giving effect to a cartel provision);

                     (b)  if jurisdiction is conferred on the Court under subsection 32(4) in respect of a matter--an indictable offence to which the matter relates.

Note:          Paragraph (b) covers any Commonwealth indictable offence associated with a particular prosecution of a cartel offence mentioned in paragraph (a).



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