Document ID: chunk:federal_register_of_legislation:C2024C00864:section:39b:p3
Version: federal_register_of_legislation:C2024C00864
Segment Type: section
Provision Reference: s 39B (pt 3/4)
Character Range: 35656–38178

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 (1B), (1C) or (1EA).

References to officer or officers of the Commonwealth
 (2) The reference in subsection (1), (1B), (1C) or (1D) to an officer or officers of the Commonwealth does not include a reference to a Judge or Judges of the Federal Circuit and Family Court of Australia (Division 1).

Definitions
 (3) In this section:
civil proceeding has the same meaning as in the National Security Information (Criminal and Civil Proceedings) Act 2004.
Federal Circuit and Family Court of Australia means:
 (a) the Federal Circuit and Family Court of Australia (Division 1); or
 (b) the Federal Circuit and Family Court of Australia (Division 2).
related civil proceeding decision, in relation to a civil proceeding, means:
 (a) a decision of the Attorney‑General to give:
 (i) notice under section 6A of the National Security Information (Criminal and Civil Proceedings) Act 2004 in relation to the proceeding; or
 (ii) a certificate under section 38F or 38H of that Act in relation to the proceeding; or
 (b) a decision of the Minister appointed by the Attorney‑General under section 6A of that Act to give:
 (i) notice under section 6A of that Act in relation to the proceeding; or
 (ii) a certificate under section 38F or 38H of that Act in relation to the proceeding.
related criminal justice process decision, in relation to an offence, means:
 (a) a decision (other than a decision to prosecute) made in the criminal justice process in relation to the offence, including:
 (i) a decision in connection with the investigation, committal for trial or prosecution of the defendant; and
 (ii) a decision in connection with the appointment of investigators or inspectors for the purposes of such an investigation; and
 (iii) a decision in connection with the issue of a warrant, including a search warrant or a seizure warrant; and
 (iv) a decision requiring the production of documents, the giving of information or the summoning of persons as witnesses; and
 (v) a decision in connection with an appeal arising out of the prosecution; or
 (b) a decision of the Attorney‑General to give a certificate under section 26 or 28 of the National Security Information (Criminal and Civil Proceedings) Act 2004 before or during a federal criminal proceeding (within the meaning of that Act) in relation to the offence.

Part VII—Removal of causes