Clause 109

by inserting, immediately after subsection (3), the following subsections:“(3A) Where an application under subsection (1) or a reference under subsection (2) is made, the High Court must send to the Court of Appeal a signed copy of the record of the proceedings, and the grounds of decision, for the matter to which the application or reference relates.(3B) Where —

a party applies under subsection (1) for leave to refer a question to the Court of Appeal; and

it appears to the Court of Appeal that the question is not a question of law of public interest which has arisen in the matter, and the determination of which has affected the case, to which the application relates,the application may, without being set down for hearing, be summarily refused by an order, under the hand of a presiding Judge of Appeal, certifying that the Court of Appeal is satisfied that the application was made without any sufficient ground.(3C) A decision of the Court of Appeal to summarily refuse under subsection (3B) an application under subsection (1) can only be made by a unanimous decision of all the Judges of Appeal.(3D) Notice of a refusal under subsection (3B) of an application under subsection (1) must be served on the applicant.(3E) Where, after the Court of Appeal has summarily refused under subsection (3B) an application under subsection (1) (called in this subsection the leave application), the applicant gives, within 14 days after the service of the notice of the refusal on the applicant, to the Registrar of the Supreme Court —

notice of an application to amend the leave application, so as to raise a question of law of public interest which has arisen in the matter, and the determination of which has affected the case, to which the leave application relates; and

a certificate signed by an advocate specifying the question to be raised and undertaking to argue it,the Chief Justice may allow the applicant to amend the leave application accordingly, and must restore the leave application for hearing.”; and

by deleting subsection (6) and substituting the following subsection:“(6) For the purposes of this section, each of the following is deemed to be a question of public interest:

any question of law regarding which there is a conflict of judicial authority;

any question of law that the Public Prosecutor refers.”.