Document ID: chunk:federal_register_of_legislation:C2024C00826:section:188:p2
Version: federal_register_of_legislation:C2024C00826
Segment Type: section
Provision Reference: s 188 (pt 2/2)
Character Range: 488665–489655

prosecution for an offence against a law of the Commonwealth, or of a State or a Territory.
 (5) If subsection (4) 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.
 (6) Subsections (1), (2), (4) and (5) 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 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 or Territory the jurisdiction given to that court by subsection (1) or (2).