163Prosecutions

163 Prosecutions

(1) Prosecutions for offences against this Act may be brought in any court having jurisdiction in the matter.

(2) In so far as this section has effect as a law of the Commonwealth, the Federal Court has jurisdiction in any matter in respect of which a criminal proceeding is instituted for an offence to which subsection (1) applies, and that jurisdiction is exclusive of the jurisdiction of any other court other than:

(a) the jurisdiction of a Supreme Court of a State or Territory under section 68 of the Judiciary Act 1903 with respect to any matter in respect of which a criminal proceeding is instituted for an offence against section 45AF or 45AG or subsection 56BN(1) or 56BZI(1); and

(b) the jurisdiction of a court under section 68 of the Judiciary Act 1903 with respect to the examination and commitment for trial on indictment of a person who is charged with an indictable offence; and

(c) the jurisdiction of the High Court under section 75 of the Constitution.

(4) Proceedings under this section, other than proceedings instituted by:

(aa) the Director of Public Prosecutions; or

(a) the Commission; or

(b) a person authorised in writing by the Commission; or

(c) a person authorised in writing by the Secretary of the Department;

shall not be instituted except with the consent in writing of the Minister or of a person authorised by the Minister in writing to give such consents.

(5) A prosecution for an offence against section 44AAFB, 154Q, 155 or 155B may be commenced at any time after the commission of the offence.

(6) Despite subsection (2), the Federal Court does not have jurisdiction in any matter in respect of which a criminal proceeding is instituted for an offence against section 45AF or 45AG if the proceeding is instituted before the commencement of Schedule 1 to the Federal Court of Australia Amendment (Criminal Jurisdiction) Act 2009.