Commonwealth Consolidated Acts

ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977 - SECT 9A

             (1)  Subject to subsection (2), at any time when:

                     (a)  a prosecution for an offence against a law of the Commonwealth, a State or a Territory is before any court; or

                     (b)  an appeal arising out of such a prosecution is before any court;

no court has jurisdiction to hear, continue to hear or determine an application under this Act, by the person who is or was the defendant in the prosecution, in relation to a related criminal justice process decision.

             (2)  Subsection (1) does not apply if an applicant has commenced an application under this Act before the commencement of a prosecution for an offence against a law of the Commonwealth, or of a State or a Territory.

             (3)  Where subsection (2) applies, the prosecutor may apply to the court for a permanent stay of proceedings in the hearing and determination of the application and the court may grant such a stay if the court determines that:

                     (a)  the matters that are the subject of the application are more appropriately dealt with in the criminal justice process; and

                     (b)  a stay of proceedings will not substantially prejudice the applicant.

             (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)  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.

Note:          A decision to prosecute a person for an offence is not reviewable under this Act: see paragraph (xa) of Schedule 1.