Commonwealth Consolidated Acts

JUDICIARY ACT 1903 - SECT 72

  (1)   This section applies if a person is indicted before a Court, other than:

  (a)   the Federal Court of Australia; or

  (b)   the Supreme Court of a Territory (other than the Australian Capital Territory or the Northern Territory);

for an indictable offence against a law of the Commonwealth.

  (1A)   The Court (the trial court ) before which the person is tried:

  (a)   must, if an application is made by or on behalf of the person before the jury delivers its verdict on a count in the indictment in relation to the person; and

  (b)   may in its discretion (either before or after judgment without such an application);

reserve a question of law, in relation to that count, which arises on the trial for the consideration of:

  (c)   a Full Court of the High Court; or

  (d)   a Full Court of the Supreme Court of the same State or Territory as the trial court.

  (2)   If the accused person is convicted, and a question of law has been so reserved before judgment, the Court before which he or she was tried may either pronounce judgment on the conviction and respite execution of the judgment, or postpone the judgment until the question has been considered and decided, and may either commit the person convicted to prison or admit him or her to bail on recognizance with or without sureties, and in such sum as the Court thinks fit, conditioned to appear at such time and place as the Court directs and to render himself or herself in execution or to receive judgment as the case may be.

  (3)   The presiding judge is thereupon required to state in a case signed by him or her the question of law so reserved with the special circumstances upon which it arose, and if it be reserved for the High Court the case shall be transmitted to the Registry of the High Court.