Queensland Consolidated Acts

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CORPORATIONS (QUEENSLAND) ACT 1990 - SECT 42AA

42AA Jurisdiction of Supreme Court in relation to certain decisions made by Commonwealth officers

(1) If a decision to prosecute a person for an offence against the Corporations Law of Queensland has been made by an officer or officers of the Commonwealth and the prosecution is proposed to be commenced in a court of Queensland, jurisdiction is conferred on the Supreme Court with respect to any matter in which a person seeks a prerogative order or an injunction against the officer or officers in relation to that decision.

(2) At any time when--

(a) a prosecution for an offence against the Corporations Law of Queensland is before a court of Queensland; or
(b) an appeal arising out of such a prosecution is before a court of Queensland;

jurisdiction is conferred on the Supreme Court with respect to any matter in which the person who is or was the defendant in the prosecution seeks a prerogative order or an injunction against an officer or officers of the Commonwealth in relation to a related criminal justice process decision.

(3) Subsections (1) and (2) have effect despite anything in this Act or in any other law.

(4) In this section--

appeal includes an application for a new trial and a proceeding to review or call in question the proceedings, decision or jurisdiction of a court or judge.

prerogative order means an order the relief or remedy under which is in the nature of, and to the same effect as, a writ of mandamus or prohibition.

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.


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