Document ID: chunk:federal_register_of_legislation:C2024C00492:section:2:p30
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 2 (pt 30/45)
Character Range: 727111–729888

made:
 (a) whether or not in the exercise of a discretion; and
 (b) whether before or after that subsection commences.
 (5) The jurisdiction conferred on a Supreme Court by subsection (2) or (3) is not limited by any limits to which any other jurisdiction of that Supreme Court may be subject.
 (6) This section has effect subject to section 586‑15.

586‑10  Jurisdiction of Federal Circuit and Family Court of Australia (Division 1) and State Family Courts
 (1) Jurisdiction is conferred on the Federal Circuit and Family Court of Australia (Division 1) with respect to civil matters arising under the Aboriginal and Torres Strait Islander Corporations legislation.
 (2) Subject to section 9 of the Administrative Decisions (Judicial Review) Act 1977, jurisdiction is conferred on each State Family Court with respect to civil matters arising under the Aboriginal and Torres Strait Islander Corporations legislation.
 (3) The jurisdiction conferred on a State Family Court by subsection (2) is not limited by any limits to which any other jurisdiction of the State Family Court may be subject.
 (4) This section has effect subject to section 586‑15.

586‑15  Jurisdiction of courts (decisions to prosecute and related criminal justice process decisions made by Commonwealth officers)
 (1) If a decision to prosecute a person for an offence against the Aboriginal and Torres Strait Islander Corporations legislation has been made by an officer or officers of the Commonwealth and the prosecution is proposed to be commenced in a State or Territory court:
 (a) neither the Federal Court nor the Federal Circuit and Family Court of Australia (Division 1) has 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) jurisdiction with respect to any such matter is conferred on the Supreme Court of the State or Territory in which the prosecution is proposed to be commenced.
 (2) Subject to subsection (3), at any time when:
 (a) a prosecution for an offence against the Aboriginal and Torres Strait Islander Corporations legislation is before a State or Territory court; or
 (b) an appeal arising out of such a prosecution is before a State or Territory court;
the following apply:
 (c) neither the Federal Court nor the Federal Circuit and Family Court of Australia (Division 1) has 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) jurisdiction with respect to any such matter is conferred on the Supreme Court of the