Document ID: chunk:federal_register_of_legislation:C2009A00059:clause:1_123:p2
Version: federal_register_of_legislation:C2009A00059
Segment Type: clause
Provision Reference: sch 1 cl 123 (pt 2/2)
Character Range: 86186–87040

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 44ZZRF or 44ZZRG, 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.
Note: The following heading to subsection 163A(5) is inserted "Definitions".