42AAJurisdiction 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

[Section 42AA Inserted by No. 11 of 2001, s. 20, Applied:01 Jun 2001]

(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.

(2)  At any time when –

(a) a prosecution for an offence against the Corporations Law of Tasmania is before a court of Tasmania; or

(b) an appeal arising out of such a prosecution is before a court of Tasmania –

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