sec.42AAJurisdiction of Supreme Court in relation to certain decisions made by Commonwealth officers

### sec.42AA Jurisdiction of Supreme Court in relation to certain decisions made by Commonwealth officers If a decision to prosecute a person for an offence against the Corporations Law of Queensland has been made by an officer or officers of the Commonwealth and the prosecution is proposed to be commenced in a court of Queensland, jurisdiction is conferred on the Supreme Court with respect to any matter in which a person seeks a prerogative order or an injunction against the officer or officers in relation to that decision. At any time when— a prosecution for an offence against the Corporations Law of Queensland is before a court of Queensland; or an appeal arising out of such a prosecution is before a court of Queensland; 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 prerogative order or an injunction against an officer or officers of the Commonwealth in relation to a related criminal justice process decision. Subsections (1) and (2) have effect despite anything in this Act or in any other law. 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. prerogative order means an order the relief or remedy under which is in the nature of, and to the same effect as, a writ of mandamus or prohibition. 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 decision in connection with the investigation, committal for trial or prosecution of the defendant; and a decision in connection with the appointment of investigators or inspectors for the purposes of such an investigation; and a decision in connection with the issue of a warrant, including a search warrant or a seizure warrant; and a decision requiring the production of documents, the giving of information or the summoning of persons as witnesses; and a decision in connection with an appeal arising out of the prosecution. s 42AA ins 2001 No. 27 s 19 (sec.42AA-ssec.1) If a decision to prosecute a person for an offence against the Corporations Law of Queensland has been made by an officer or officers of the Commonwealth and the prosecution is proposed to be commenced in a court of Queensland, jurisdiction is conferred on the Supreme Court with respect to any matter in which a person seeks a prerogative order or an injunction against the officer or officers in relation to that decision. (sec.42AA-ssec.2) At any time when— a prosecution for an offence against the Corporations Law of Queensland is before a court of Queensland; or an appeal arising out of such a prosecution is before a court of Queensland; 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 prerogative order or an injunction against an officer or officers of the Commonwealth in relation to a related criminal justice process decision. (sec.42AA-ssec.3) Subsections (1) and (2) have effect despite anything in this Act or in any other law. (sec.42AA-ssec.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. prerogative order means an order the relief or remedy under which is in the nature of, and to the same effect as, a writ of mandamus or prohibition. 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 decision in connection with the investigation, committal for trial or prosecution of the defendant; and a decision in connection with the appointment of investigators or inspectors for the purposes of such an investigation; and a decision in connection with the issue of a warrant, including a search warrant or a seizure warrant; and a decision requiring the production of documents, the giving of information or the summoning of persons as witnesses; and a decision in connection with an appeal arising out of the prosecution. - (a) a prosecution for an offence against the Corporations Law of Queensland is before a court of Queensland; or - (b) an appeal arising out of such a prosecution is before a court of Queensland; - (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.