Commonwealth Consolidated Acts

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INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 181

Attorney - General's decisions in relation to certificates to be final

  (1)   Subject to any jurisdiction of the High Court under the Constitution, a decision by the Attorney - General to issue, or to refuse to issue, a certificate under section   22 or 29:

  (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 certificate that has been issued;

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

  (c)   a decision to do anything preparatory to the making of a decision to issue, or to refuse to issue, a certificate 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 issue, or to refuse to issue, a certificate or a decision referred to in paragraph   ( a), (b) or (c);

  (e)   a failure or refusal to make a decision whether or not to issue a certificate 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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