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Jurisdiction of Courts Legislation Amendment Bill 2000

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1998-1999-2000

 

 

The Parliament of the

Commonwealth of Australia

 

 

HOUSE OF REPRESENTATIVES

 

 

 

Jurisdiction of Courts Legislation Amendment Bill 2000

 

 

(Amendments to be moved by Mr McClelland)

 

(1)     Schedule 2, item 1, page 32 (line 11), omit “At any time when”, substitute “Subject to subsection 9A(1A), at any time when”.

(2)     Schedule 2, item 1, page 32 (after line 19), after subsection 9A(1), insert:

          (1A)  Subsection 9A(1) does not apply where an applicant has commenced an application under this Act prior to the commencement of a prosecution for an offence against the law of the Commonwealth, a State or a Territory.

          (1B)  Where subsection 9A(1A) applies, the Crown may apply to the court for a permanent stay in 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 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.



 

(3)     Schedule 2, item 10, page 35 (line 4), omit “At any time when”, substitute “Subject to subsection 51AA(2A), at any time when”.

(4)     Schedule 2, item 10, page 35 (after line 19), after subsection 51AA(2), insert:

          (2A)  Subsection 51AA(2) does not apply where a person has sought 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 prior to the commencement of a prosecution for an offence against the law of the Commonwealth, a State or a Territory.

          (2B)  Where subsection 51AA(2A) applies, the Crown may apply to the court for a permanent stay in 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.

(5)     Schedule 2, item 10, page 35 (line 20), after “Subsections (1) and (2)”, insert “and (2A) and (2B)”.

(6)     Schedule 2, item 13, page 36 (line 32), omit “At any time when”, substitute “Subject to subsection 39B(1CA) , at any time when”.

(7)     Schedule 2, item 13, page 37 (after line 16), after subsection 39B(1C), insert:

       (1CA)  Subsection 39B(1C) does not apply where a person has sought 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 prior to the commencement of a prosecution for an offence against the law of the Commonwealth, a State or a Territory.

       (1CB)  Where subsection 39B(1CA) applies, the Crown may apply to the court for a permanent stay in 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.

(8)     Schedule 2, item 13, page 37 (line 17), after “Subsections (1B) and (1C)”, insert “and (1CA) and (1CB)”.

(9)     Schedule 2, item 16, page 39 (line 29) to page 40 (line 8), omit subsection 16(3), substitute:

             (3)  The amendments of the Administrative Decisions (Judicial Review) Act 1977 , the Corporations Act 1989 and the Judiciary Act 1903 made by Part 1 of this Schedule also apply in relation to:

                     (a)  a decision made before the commencement to prosecute a person for an offence, unless that decision is the subject of an application that is before a court at 5 April 2000; or

                     (b)  a related criminal justice process decision made before the commencement in relation to an offence, unless the decision is the subject of an application that is before a court at 5 April 2000.

 

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