Criminal Code Act 1899

A Crown Law Officer may refer to the Court for its consideration and opinion a point of law that has arisen in relation to a direction or ruling under section 590AA given by another court as to the conduct of a trial or pre-trial hearing.

If a reference is made—

the Crown Law Officer must give notice of the reference to the other court and the accused person; and

the other court—

must adjourn the trial until the Court has given its opinion on the point; and

may make the other orders it considers appropriate, including an order about remanding the accused person; and

the Court must hear argument on the reference—

by the Crown Law Officer; and

by the accused person if the accused person wishes; and

after hearing argument on the reference, the Court—

must consider the point referred and give the Crown Law Officer its opinion on the point; and

may make the orders it considers appropriate, including the directions or rulings it considers appropriate to give effect to its opinion.

In this section—adjourn, for a trial where the accused person has not been called on to plead to the indictment, includes postpone the trial. sch 1 pt 8 ch 67 ch div 2 s 668A prev s 668A ins 1913 4 Geo 5 No. 23 ss 3, 5