criminal justice process decisions made by Commonwealth officers) (1) If a
decision to prosecute a person for an offence against the
Corporations legislation has been made by an officer or officers of the
Commonwealth and the prosecution is proposed to be commenced in a State or
Territory court:
- (a)
- neither the Federal Court nor the Family Court has
jurisdiction with respect to any matter in which a person seeks a writ of
mandamus or prohibition or an injunction against the officer or officers in
relation to that decision; and
- (b)
- jurisdiction with respect to any such matter is conferred on the Supreme
Court of the State or Territory in which the prosecution is proposed to be
commenced.
(2) Subject to subsection (3), at any time when:
- (a)
- a prosecution for
an offence against the Corporations legislation is before a
State or Territory court; or
- (b)
- an appeal arising out of such a prosecution is before a State or Territory
court;
the following apply:
- (c)
- neither the Federal Court nor the Family Court has jurisdiction with
respect to any matter in which the person who is or was the defendant in the
prosecution seeks a writ of mandamus or prohibition or an injunction against
an officer or officers of the Commonwealth in relation to a related criminal
justice process decision;
- (d)
- jurisdiction with respect to any such matter is conferred on the Supreme
Court of the State or Territory in which the prosecution or appeal is before a
court.
(3) Subsection (2) does not apply where a person has applied for a writ
of mandamus or prohibition, or an injunction, against an officer or officers
of the Commonwealth in relation to a related criminal justice process decision
before the commencement of a prosecution for an offence against a law
of the Commonwealth, or of a State or a Territory.
(4) Where subsection (3) applies, the prosecutor may apply to the court
for a permanent stay of the proceedings referred to in that subsection and the
court may grant such a stay if the court determines that:
- (a)
- the matters
that are the subject of the proceedings are more appropriately dealt with in
the criminal justice process; and
- (b)
- a stay of proceedings will not substantially prejudice the person.
(5) Subsections (1), (2), (3) and (4) have effect despite anything in
this Act or in any other law. In particular:
- (a)
- neither this Act, nor any
other law, has the effect of giving the Federal Court or the Family Court
jurisdiction contrary to subsection (1) or (2); and
- (b)
- neither section 9 of the Administrative Decisions (Judicial Review)
Act 1977 , nor any other law, has the effect of removing from the Supreme
Court of a State, the Capital Territory or the Northern Territory the
jurisdiction given to that Court by subsection (1) or (2).
(6) 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 decision (other than a decision to prosecute) made in the criminal justice
process in relation to the offence, including:
- (a)
- a decision in connection with the investigation, committal for trial or
prosecution of the defendant; and
- (b)
- a decision in connection with the appointment of investigators or
inspectors for the purposes of such an investigation; and
- (c)
- a decision in connection with the issue of a warrant, including a search
warrant or a seizure warrant; and
- (d)
- a decision requiring the production of documents, the giving of
information or the summoning of persons as witnesses; and
- (e)
- a decision in connection with an appeal arising out of the prosecution.
Commonwealth Numbered Acts