Victorian Consolidated Legislation

Corporations (Victoria) Act 1990 - SECT 42AA

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

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 Victoria has been made by an officer or officers of the
Commonwealth and the prosecution is proposed to be commenced in a court of
Victoria, 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 Victoria
        is before a court of Victoria; or

   (b)  an appeal arising out of such a prosecution is before a court of
        Victoria-

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.