Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 14 - COURTS AND PROCEEDINGS  

PART 14-3 - JURISDICTION AND PROCEDURE OF COURTS  

Division 586 - Civil jurisdiction  

Subdivision 586-B - Conferral of jurisdiction  

SECTION 586-15   JURISDICTION OF COURTS (DECISIONS TO PROSECUTE AND RELATED CRIMINAL JUSTICE PROCESS DECISIONS MADE BY COMMONWEALTH OFFICERS)  

586-15(1)    
If a decision to prosecute a person for an offence against the Aboriginal and Torres Strait Islander 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 Federal Circuit and Family Court of Australia (Division 1) 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.

586-15(2)    
Subject to subsection (3) , at any time when:

(a)    a prosecution for an offence against the Aboriginal and Torres Strait Islander 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 Federal Circuit and Family Court of Australia (Division 1) 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.

586-15(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.

586-15(4)    
If 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.

586-15(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 Federal Circuit and Family Court of Australia (Division 1) 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 Australian Capital Territory or the Northern Territory the jurisdiction given to that Court by subsection (1) or (2) .

586-15(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.