Ivana Bacik (Independent)

I thank the Minister for giving it his considered attention. As he stated, it is a lop-sided provision, especially if the DPP himself is appealing. Although section 10 provides for the court to make the retrial order, I suppose the DPP could appeal. In that situation, it seems even more unbalanced that he would be the one then certifying that the determination involves a point of law of exceptional public importance.

I am not sure my amendment in fact restricts the acquitted person's options. In practice, the acquitted person is most likely to apply to the court for this determination. One can foresee that it might become almost a formulaic exercise, and I hope that does not happen. My amendment would have been a preferable option.

Question, "That the words proposed to be deleted stand", put and declared carried.