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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

 

 

THE SENATE

 

 

Jurisdiction of Courts Legislation Amendment Bill 2000

 

 

Schedule of the amendments made by the Senate

 

 

 

 

 

(1)     Schedule 2, item 1, page 33 (line 11), omit “At any time when”, substitute “Subject to subsection (1A), at any time when”.

(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.

(3)     Schedule 2, item 10, page 36 (line 4), omit “At any time when”, substitute  “Subject to subsection (2A), at any time when”.

(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.

(5)     Schedule 2, item 10, page 36 (line 20), omit “Subsections (1) and (2)”, substitute “Subsections (1), (2), (2A) and (2B)”.

(6)     Schedule 2, item 13, page 37 (line 32), omit “At any time when”, substitute “Subject to subsection (1CA), at any time when”.

(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.

(8)     Schedule 2, item 13, page 38 (line 17), omit “Subsections (1B) and (1C)”, substitute “Subsections (1B), (1C), (1CA) and (1CB)”.

(9)     Schedule 2, item 16, page 40 (line 29) to page 41 (line 8), omit subitem (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 13 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 13 April 2000.

 

 

 

 

 

 

HARRY EVANS

Clerk of the Senate

 

 

The Senate

13 April 2000