NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 188 Jurisdiction--decisions to prosecute and related criminal justice process decisions made by Commonwealth officers

NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 188

  (1)   If a decision to prosecute a person for an offence against this Act has been made by an officer of the Commonwealth, and the prosecution is proposed to be brought in a court of a State or Territory:

  (a)   the Federal Court does not have jurisdiction in relation to any matter in which a person seeks a writ of mandamus or prohibition, or an injunction, against the officer in relation to that decision; and

  (b)   jurisdiction in relation to any such matter is conferred on the Supreme Court of the State or Territory in which the prosecution is proposed to be brought.

  (2)   Subject to subsection   (4), at any time when:

  (a)   a prosecution for an offence against this Act is before a court of a State or Territory; or

  (b)   an appeal arising out of such a prosecution is before a court of a State or Territory;

the following apply:

  (c)   the Federal Court does not have jurisdiction in relation 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 of the Commonwealth in relation to a related criminal justice process decision;

  (d)   jurisdiction in relation to any such matter is conferred on the Supreme Court of the State or Territory in which the prosecution or appeal is before a court.

  (3)   A 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.

  (4)   Subsection   (2) does not apply if a person has applied for a writ of mandamus or prohibition, or an injunction, against an officer of the Commonwealth in relation to a related criminal justice process decision before the commencement of a prosecution for an offence against a law of the Commonwealth, or of a State or a Territory.

  (5)   If subsection   (4) applies, the prosecutor may apply to the court for a permanent stay of the proceedings referred to in that subsection and the court may grant such a stay if the court determines that:

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

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

  (6)   Subsections   (1), (2), (4) and (5) have effect despite anything in this Act or in any other law. In particular:

  (a)   neither this Act, nor any other law, has the effect of giving the Federal Court jurisdiction contrary to subsection   (1) or (2); and

  (b)   neither section   9 of the Administrative 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   (1) or (2).