South Australian Consolidated Acts

CORPORATIONS (SOUTH AUSTRALIA) 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 South Australia has been made by an officer or officers of the Commonwealth and the prosecution is proposed to be commenced in a court of South Australia, jurisdiction is conferred on the Supreme Court 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.

        (2)         At any time when—

            (a)         a prosecution for an offence against the Corporations Law of South Australia is before a court of South Australia; or

            (b)         an appeal arising out of such a prosecution is before a court of South Australia,

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 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.

        (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;

"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.