1998-1999-2000

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

HOUSE OF REPRESENTATIVES

 

Jurisdiction of Courts Legislation Amendment Bill 2000

 

Schedule of the amendments made by the Senate to which the House of Representatives has agreed with amendments

 

(2)     Schedule 2, item 1, page 33 (after line 19), after subsection (1), insert:

          (1A)  Subsection (1) does not apply if an applicant has commenced an application under this Act before the commencement of a prosecution for an offence against a law of the Commonwealth, or of a State or a Territory.

           (1B)  Where subsection (1A) applies, the Crown may apply to the court for a permanent stay of proceedings in the hearing and determination of the application and the court may grant such a stay if the court determines that:

                      (a)  the matters that are the subject of the application are more appropriately dealt with in the criminal justice process; and

                     (b)  a stay of proceedings will not substantially prejudice the applicant.

(4)     Schedule 2, item 10, page 36 (after line 19), after subsection (2), insert:

          (2A)  Subsection (2) does not apply where a person has applied for 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 before the commencement of a prosecution for an offence against a law of the Commonwealth, or of a State or a Territory.

           (2B)  Where subsection (2A) applies, the Crown may apply to the court for a permanent stay of the proceedings referred to in that subsection and the court may grant such a stay if the court determines that:

                      (a)  the matters that are the subject of the proceedings are more appropriately dealt with in the criminal justice process; and

                     (b)  a stay of proceedings will not substantially prejudice the person.

(7)     Schedule 2, item 13, page 38 (after line 16), after subsection (1C), insert:

        (1CA)  Subsection (1C) does not apply where a person has applied for 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 before the commencement of a prosecution for an offence against a law of the Commonwealth, or of a State or a Territory.

        (1CB)  Where subsection (1CA) applies, the Crown may apply to the court for a permanent stay of the proceedings referred to in that subsection, and the court may grant such a stay if the court determines that:

                      (a)  the matters the subject of the proceedings are more appropriately dealt with in the criminal justice process; and

                     (b)  a stay of proceedings will not substantially prejudice the person.

 

Amendments made by the House of Representatives to Senate amendments

 

(1)        Senate amendment (2) (proposed new subsection 9A (1B)) of the Administrative Decisions (Judicial Review) Act 1977 ):

 

                        Omit “the Crown”, substitute “the prosecutor”.

 

(2)        Senate amendment (4) (proposed new subsection 51AA (2B)) of the Corporations Act 1989 ):

 

                        Omit “the Crown”, substitute “the prosecutor”.

 

(3)        Senate amendment (7) (proposed new subsection 39B (1CB) of the Judiciary Act 1903 ):

 

                        Omit “the Crown”, substitute “the prosecutor”.

 

 

 

                                              I C HARRIS

Clerk of the House of Representatives

 

House of Representatives

9 May 2000