Document ID: chunk:federal_register_of_legislation:C2024C00864:section:39b:p2
Version: federal_register_of_legislation:C2024C00864
Segment Type: section
Provision Reference: s 39B (pt 2/4)
Character Range: 33221–35893

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 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.
 (1E) Where subsection (1D) 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 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.

Jurisdiction for certain writs that relate to civil proceedings
 (1EA) If:
 (a) a civil proceeding is before the Federal Circuit and Family Court of Australia or a court of a State or Territory; or
 (b) an appeal arising out of such a proceeding is before the Federal Circuit and Family Court of Australia (Division 1) or 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 a person who is or was a party to the proceeding seeks a writ of mandamus or prohibition or an injunction against an officer or officers of the Commonwealth in relation to a related civil proceeding decision;
 (d) the following court is invested with, or has conferred on it, jurisdiction with respect to any such matter:
 (i) if the civil proceeding or appeal is before the Federal Circuit and Family Court of Australia (Division 1)—that court; or
 (ii) if the civil proceeding or appeal is before the Federal Circuit and Family Court of Australia (Division 2)—that court; or
 (iii) if the civil proceeding or appeal is before a court of a State or Territory—the Supreme Court of the State or Territory.

Jurisdictional rules to apply despite any other law
 (1F) Subsections (1B), (1C), (1D), (1E) and (1EA) have effect despite anything in any other law. In particular:
 (a) neither the Jurisdiction of Courts (Cross‑vesting) Act 1987, nor any other law, has the effect of giving the Federal Court of Australia jurisdiction contrary to subsection (1B), (1C) or (1EA); 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 or Territory the jurisdiction given to that Court by subsection (1B), (1C) or (1EA).

References to officer or officers