AustLII Tasmanian Numbered Acts

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FEDERAL COURTS (CONSEQUENTIAL AMENDMENTS) ACT 2001 (NO. 11 OF 2001) - SECT 20

Section 42AA inserted

After section 42A of the Principal Act , the following section is inserted in Division 1:

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 Tasmania has been made by an officer or officers of the Commonwealth and the prosecution is proposed to be commenced in a court of Tasmania, 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 Tasmania is before a court of Tasmania; or
(b) an appeal arising out of such a prosecution is before a court of Tasmania –
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.



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