Document ID: chunk:federal_register_of_legislation:C2025C00189:section:163a:p3
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 163A (pt 3/3)
Character Range: 2233425–2234861

the Supreme Court is the Supreme Court of a State—in so far as this section has effect as a law of the Commonwealth, the Supreme Court is invested with federal jurisdiction with respect to any such matter;
 (e) if the Supreme Court is the Supreme Court of a Territory, then:
 (i) in so far as this section has effect as a law of the Commonwealth; and
 (ii) subject to the Constitution;
  the Supreme Court is conferred with jurisdiction with respect to any such matter.
 (4D) Subsection (4C) does not apply if, before the commencement of a prosecution for an offence against section 45AF or 45AG or subsection 56BN(1) or 56BZI(1), a person seeks the making of a paragraph (1)(aa) declaration, or a paragraph (1)(b) order, in relation to a related criminal justice process decision.
 (4E) If subsection (4D) applies, the prosecutor may apply to the Federal Court for a permanent stay of the paragraph (1)(aa) or (b) proceedings referred to in that subsection, and the Federal Court may grant such a stay if the Federal 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.

Definitions
 (5) In this section, proceeding includes a cross‑proceeding.
 (6) In this section:
related criminal justice process decision has the same meaning as in section 39B of the Judiciary Act 1903.