Document ID: chunk:federal_register_of_legislation:C2024C00826:section:188:p1
Version: federal_register_of_legislation:C2024C00826
Segment Type: section
Provision Reference: s 188 (pt 1/2)
Character Range: 486245–488886

188  Jurisdiction—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 this Act has been made by an officer of the Commonwealth, and the prosecution is proposed to be brought in a court of a State or Territory:
 (a) the Federal Court does not have jurisdiction in relation to any matter in which a person seeks a writ of mandamus or prohibition, or an injunction, against the officer in relation to that decision; and
 (b) jurisdiction in relation to any such matter is conferred on the Supreme Court of the State or Territory in which the prosecution is proposed to be brought.
 (2) Subject to subsection (4), at any time when:
 (a) a prosecution for an offence against this Act is before a court of a State or Territory; or
 (b) an appeal arising out of such a prosecution is before a court of a State or Territory;
the following apply:
 (c) the Federal Court does not have jurisdiction in relation 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 of the Commonwealth in relation to a related criminal justice process decision;
 (d) jurisdiction in relation to any such matter is conferred on the Supreme Court of the State or Territory in which the prosecution or appeal is before a court.
 (3) A related criminal justice process decision, in relation to an offence, means a decision (other than a decision to prosecute) made in the criminal justice process in relation to the offence, including:
 (a) a decision in connection with the investigation, committal for trial or prosecution of the defendant; and
 (b) a decision in connection with the appointment of investigators or inspectors for the purposes of such an investigation; and
 (c) a decision in connection with the issue of a warrant, including a search warrant or a seizure warrant; and
 (d) a decision requiring the production of documents, the giving of information or the summoning of persons as witnesses; and
 (e) a decision in connection with an appeal arising out of the prosecution.
 (4) Subsection (2) does not apply if a person has applied for a writ of mandamus or prohibition, or an injunction, against an officer 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.
 (5) If subsection (4) applies, the prosecutor may apply to the court for a permanent stay of the proceedings referred to in that