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ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977 - SECT 9A

Limitation of jurisdiction to review related criminal justice process decisions

  (1)   Subject to subsection   (2), at any time when:

  (a)   a prosecution for an offence against a law of the Commonwealth, a State or a Territory is before any court; or

  (b)   an appeal arising out of such a prosecution is before any court;

no court has jurisdiction to hear, continue to hear or determine an application under this Act, by the person who is or was the defendant in the prosecution, in relation to a related criminal justice process decision.

  (2)   Subsection   (1) does not apply if an applicant has commenced an application under this Act before the commencement of a prosecution for an offence against a law of the Commonwealth, or of a State or a Territory.

  (3)   Where subsection   (2) applies, the prosecutor may apply to the court for a permanent stay of proceedings in the hearing and determination of the application and the court may grant such a stay if the court determines that:

  (a)   the matters that are the subject of the application are more appropriately dealt with in the criminal justice process; and

  (b)   a stay of proceedings will not substantially prejudice the applicant.

  (4)   In this section:

"appeal" includes an application for a new trial and a proceeding to review or call in question the proceedings, decision or jurisdiction of a court or judge.

"related criminal justice process decision" , in relation to an offence, means:

  (a)   a decision (other than a decision to prosecute) made in the criminal justice process in relation to the offence, including:

  (i)   a decision in connection with the investigation, committal for trial or prosecution of the defendant; and

  (ii)   a decision in connection with the appointment of investigators or inspectors for the purposes of such an investigation; and

  (iii)   a decision in connection with the issue of a warrant, including a search warrant or a seizure warrant; and

  (iv)   a decision requiring the production of documents, the giving of information or the summoning of persons as witnesses; and

  (v)   a decision in connection with an appeal arising out of the prosecution; or

  (b)   a decision of the Attorney - General to give a certificate under section   26 or 28 of the National Security Information (Criminal and Civil Proceedings) Act 2004 before or during a federal criminal proceeding (within the meaning of that Act) in relation to the offence.

Note:   A decision to prosecute a person for an offence is not reviewable under this Act: see paragraph   (xa) of Schedule   1.


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