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CORPORATIONS ACT 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.6A - JURISDICTION AND PROCEDURE OF COURTS  

Division 1 - Civil jurisdiction  

Subdivision B - Conferral of jurisdiction  

SECTION 1337D  JURISDICTION OF COURTS (DECISIONS TO PROSECUTE AND RELATED CRIMINAL JUSTICE PROCESS DECISIONS MADE BY COMMONWEALTH OFFICERS)  

1337D(1)  [Decision to prosecute in State or Territory Court]  


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.

1337D(2)  [Prosecution or appeal before State or Territory Court]  


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.

1337D(3)  [Qualification]  


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.

1337D(4)  [Stay of proceedings]  


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.

1337D(5)  [Paramountcy]  


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).

1337D(6)  [Definitions]  


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.

 



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