Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES  

Division 268 - Genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court  

Subdivision K - Miscellaneous  

SECTION 268.122   Attorney-General ' s decisions in relation to consents to be final  

(1)  
Subject to any jurisdiction of the High Court under the Constitution, a decision by the Attorney-General to give, or to refuse to give, a consent under section 268.121 :


(a) is final; and


(b) must not be challenged, appealed against, reviewed, quashed or called in question; and


(c) is not subject to prohibition, mandamus, injunction, declaration or certiorari.

(2)  
The reference in subsection (1) to a decision includes a reference to the following:


(a) a decision to vary, suspend, cancel or revoke a consent that has been given;


(b) a decision to impose a condition or restriction in connection with the giving of, or a refusal to give, a consent or to remove a condition or restriction so imposed;


(c) a decision to do anything preparatory to the making of a decision to give, or to refuse to give, a consent or preparatory to the making of a decision referred to in paragraph (a) or (b), including a decision for the taking of evidence or the holding of an inquiry or investigation;


(d) a decision doing or refusing to do anything else in connection with a decision to give, or to refuse to give, a consent or a decision referred to in paragraph (a), (b) or (c);


(e) a failure or refusal to make a decision whether or not to give a consent or a decision referred to in a paragraph (a), (b), (c) or (d).

(3)  
Any jurisdiction of the High Court referred to in subsection (1) is exclusive of the jurisdiction of any other court.




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