TASIn ForceAct
Corporations (Tasmania) Act 1990
42AAJurisdiction of Supreme Court in relation to certain decisions made by Commonwealth officers
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### 42AA Jurisdiction of Supreme Court in relation to certain decisions made by Commonwealth officers
> [*\[Section 42AA Inserted by No. 11 of 2001, s. 20, Applied:01 Jun 2001\]*](/view/html/inforce/2001-06-01/act-2001-011#GS20@EN)
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> > (1) If a decision to prosecute a person for an offence against the Corporations Law of Tasmania has been made by an officer or officers of the Commonwealth and the prosecution is proposed to be commenced in a court of Tasmania, 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.
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> > (2) At any time when –
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> > > > (a) a prosecution for an offence against the Corporations Law of Tasmania is before a court of Tasmania; or
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> > > > (b) an appeal arising out of such a prosecution is before a court of Tasmania –
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> > 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.
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> > (3) [Subsections (1)](#GS42AA@Gs1@EN) and [(2)](#GS42AA@Gs2@EN) have effect despite anything in this Act or in any other law.
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> > (4) In this section –
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> > > ***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;
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> > > ***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 –
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> > > > > (a) a decision in connection with the investigation, committal for trial or prosecution of the defendant; and
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> > > > > (b) a decision in connection with the appointment of investigators or inspectors for the purposes of such an investigation; and
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> > > > > (c) a decision in connection with the issue of a warrant, including a search warrant or a seizure warrant; and
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> > > > > (d) a decision requiring the production of documents, the giving of information or the summoning of persons as witnesses; and
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> > > > > (e) a decision in connection with an appeal arising out of the prosecution.