Document ID: chunk:federal_register_of_legislation:C2024C00864:section:39b:p1
Version: federal_register_of_legislation:C2024C00864
Segment Type: section
Provision Reference: s 39B (pt 1/4)
Character Range: 30801–33457

39B  Original jurisdiction of Federal Court of Australia

Scope of original jurisdiction
 (1) Subject to subsections (1B), (1C) and (1EA), the original jurisdiction of the Federal Court of Australia includes jurisdiction with respect to any matter in which a writ of mandamus or prohibition or an injunction is sought against an officer or officers of the Commonwealth.
 (1A) The original jurisdiction of the Federal Court of Australia also includes jurisdiction in any matter:
 (a) in which the Commonwealth is seeking an injunction or a declaration; or
 (b) arising under the Constitution, or involving its interpretation; or
 (c) arising under any laws made by the Parliament, other than a matter in respect of which a criminal prosecution is instituted or any other criminal matter.
Note: Section 67G of this Act, along with certain other laws of the Commonwealth, confer criminal jurisdiction on the Federal Court of Australia.

Jurisdiction for certain writs that relate to criminal prosecutions etc.
 (1B) If a decision to prosecute a person for an offence against a law of the Commonwealth, a State or a Territory has been made by an officer or officers of the Commonwealth and the prosecution is proposed to be commenced in a court of a State or Territory:
 (a) the Federal Court of Australia does not have 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) the Supreme Court of the State or Territory in which the prosecution is proposed to be commenced is invested with, or has conferred on it, jurisdiction with respect to any such matter.
 (1C) Subject to subsection (1D), at any time when:
 (a) a prosecution for an offence against a law of the Commonwealth, a State or a Territory is before a court of a State or Territory; or
 (b) an appeal arising out of such a prosecution is before a court of a State or Territory;
the following apply:
 (c) the Federal Court of Australia does not have 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) the Supreme Court of the State or Territory in which the prosecution or appeal is before a court is invested with, or has conferred on it, jurisdiction with respect to any such matter.
 (1D) Subsection (1C) does not apply where a person has applied for a writ of mandamus or prohibition, or an injunction, against an officer or officers