Administrative Decisions (Judicial Review) Act 1977
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.
9A(2) [ Where application commenced]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.
9A(3) [ Stay of proceedings]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. 9A(4) [ 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) 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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