Document ID: chunk:federal_register_of_legislation:C2024C00492:section:2:p31
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 2 (pt 31/45)
Character Range: 729643–732344

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) 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.
 (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).
 (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.

586‑20  Jurisdiction of lower courts
 (1) Subject to section 9 of the Administrative