Corporations Act 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.6A - JURISDICTION AND PROCEDURE OF COURTS  

Division 1 - Civil jurisdiction  

Subdivision A - Preliminary  

SECTION 1337A   OPERATION OF DIVISION  

1337A(1)   [ Purpose]  

This Division deals with:

(a) the jurisdiction of courts in respect of civil matters arising under the Corporations legislation; and

(b) the jurisdiction of courts in respect of matters arising under the Administrative Decisions (Judicial Review) Act 1977 involving or related to decisions made under the Corporations legislation by Commonwealth authorities and officers of the Commonwealth; and

(c) the jurisdiction of courts in civil matters in respect of decisions made by officers of the Commonwealth to prosecute persons for offences against the Corporations legislation and related criminal justice process decisions.

1337A(2)   [ Exclusion of other Acts]  

This Division operates to the exclusion of:

(a) the Jurisdiction of Courts (Cross-vesting) Act 1987 ; and

(b) section 39B of the Judiciary Act 1903 .

1337A(3)   [ Operation of Judiciary Act ]  

This Division does not limit the operation of the provisions of the Judiciary Act 1903 other than section 39B.

1337A(4)   [ Section 39(2) of Judiciary Act ]  

Without limiting subsection (3), this Division does not limit the operation of subsection 39(2) of the Judiciary Act 1903 in relation to civil matters arising under the Corporations legislation.

1337A(5)   [ Other jurisdictions]  

Nothing in this Division affects any other jurisdiction of any court.

Subdivision B - Conferral of jurisdiction  

SECTION 1337B   JURISDICTION OF FEDERAL COURT AND STATE AND TERRITORY SUPREME COURTS  

1337B(1)    
Jurisdiction is conferred on the Federal Court of Australia with respect to civil matters arising under the Corporations legislation.

1337B(2)    

Subject to section 9 of the Administrative Decisions (Judicial Review) Act 1977 , jurisdiction is conferred on each State or Territory Supreme Court with respect to civil matters arising under the Corporations legislation.

1337B(3)    

Despite section 9 of the Administrative Decisions (Judicial Review) Act 1977 , jurisdiction is conferred on each State or Territory Supreme Court with respect to matters arising under that Act involving or related to decisions made, or proposed or required to be made, under the Corporations legislation by a Commonwealth authority or an officer of the Commonwealth.

Note 1: The Federal Court also has jurisdiction with respect to these matters under that Act.

Note 2: A State or Territory Supreme Court may be required to transfer a proceeding with respect to such a matter to the Federal Court: see subsection 1337H(3) .

1337B(4)    
Subsection (3) applies to a decision made, or proposed or required to be made:

(a)    whether or not in the exercise of a discretion; and

(b)    whether before or after that subsection commences.

1337B(5)    
The jurisdiction conferred on a Supreme Court by subsection (2) or (3) is not limited by any limits to which any other jurisdiction of that Supreme Court may be subject.

1337B(6)    
This section has effect subject to section 1337D .

SECTION 1337C   JURISDICTION OF FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1) AND STATE FAMILY COURTS  

1337C(1)    

Jurisdiction is conferred on the Federal Circuit and Family Court of Australia (Division 1) with respect to civil matters arising under the Corporations legislation.

1337C(2)    
Subject to section 9 of the Administrative Decisions (Judicial Review) Act 1977 , jurisdiction is conferred on each State Family Court with respect to civil matters arising under the Corporations legislation.

1337C(3)    
The jurisdiction conferred on a State Family Court by subsection (2) is not limited by any limits to which any other jurisdiction of the State Family Court may be subject.

1337C(4)    
This section has effect subject to section 1337D .

SECTION 1337D   JURISDICTION OF COURTS (DECISIONS TO PROSECUTE AND RELATED CRIMINAL JUSTICE PROCESS DECISIONS MADE BY COMMONWEALTH OFFICERS)  

1337D(1)    
If a decision to prosecute a person for an offence against the Corporations legislation has been made by an officer or officers of the Commonwealth and the prosecution is proposed to be commenced in a State or Territory court:

(a)    

neither the Federal Court nor the Federal Circuit and Family Court of Australia (Division 1) has jurisdiction with respect to any matter in which a person seeks a writ of mandamus or prohibition or an injunction against the officer or officers in relation to that decision; and

(b)    jurisdiction with respect to any such matter is conferred on the Supreme Court of the State or Territory in which the prosecution is proposed to be commenced.

1337D(2)    
Subject to subsection (3) , at any time when:

(a)    a prosecution for an offence against the Corporations legislation is before a State or Territory court; or

(b)    an appeal arising out of such a prosecution is before a State or Territory court;

the following apply:

(c)    

neither the Federal Court nor the Federal Circuit and Family Court of Australia (Division 1) has jurisdiction with respect to any matter in which the person who is or was the defendant in the prosecution seeks 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;

(d)    jurisdiction with respect to any such matter is conferred on the Supreme Court of the State or Territory in which the prosecution or appeal is before a court.

1337D(3)    
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.

1337D(4)    
Where subsection (3) applies, the prosecutor 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.

1337D(5)    
Subsections (1) , (2) , (3) and (4) have effect despite anything in this Act or in any other law. In particular:

(a)    

neither this Act, nor any other law, has the effect of giving the Federal Court or the Federal Circuit and Family Court of Australia (Division 1) jurisdiction contrary to subsection (1) or (2) ; and

(b)    

neither section 9 of the Administrative Decisions (Judicial Review) Act 1977 , nor any other law, has the effect of removing from a State or Territory Supreme Court the jurisdiction given to that Court by subsection (1) or (2) .

1337D(6)    
In this section:

appeal
includes an application for a new trial and a proceeding to review or call in question the proceedings, decision or jurisdiction of a court or judge.

related criminal justice process decision
, in relation to an offence, means a decision (other than a decision to prosecute) made in the criminal justice process in relation to the offence, including:

(a) a decision in connection with the investigation, committal for trial or prosecution of the defendant; and

(b) a decision in connection with the appointment of investigators or inspectors for the purposes of such an investigation; and

(c) a decision in connection with the issue of a warrant, including a search warrant or a seizure warrant; and

(d) a decision requiring the production of documents, the giving of information or the summoning of persons as witnesses; and

(e) a decision in connection with an appeal arising out of the prosecution.

SECTION 1337E   JURISDICTION OF LOWER COURTS  

1337E(1)    

Subject to section 9 of the Administrative Decisions (Judicial Review) Act 1977 , jurisdiction is conferred on each State or Territory court that is a lower court with respect to civil matters (other than superior court matters) arising under the Corporations legislation.

1337E(2)    
The jurisdiction conferred on a lower court by subsection (1) :

(a)    is subject to the court ' s general jurisdictional limits, so far as they relate to:

(i) the amounts; or

(ii) the value of property;

with which the court may deal; but

(b)    is not subject to the court's other jurisdictional limits.

SECTION 1337F   APPEALS  

1337F(1)    
An appeal may not be instituted from a decision of the Federal Court to:

(a)    a State or Territory court; or

(b)    

the Federal Circuit and Family Court of Australia (Division 1).

1337F(2)    

An appeal may not be instituted from a decision of a court of the Australian Capital Territory or from the Supreme Court of Norfolk Island to:

(a)    a court of a State or a court of another Territory; or

(b)    

the Federal Circuit and Family Court of Australia (Division 1).

1337F(3)    
An appeal may not be instituted from a decision of a court (not being a State Family Court) of a State or the Northern Territory to:

(a)    the Federal Court; or

(b)    a court of another State or Territory; or

(c)    

the Federal Circuit and Family Court of Australia (Division 1); or

(d)    a State Family Court of that State.

1337F(4)    

An appeal may not be instituted from a decision of the Federal Circuit and Family Court of Australia (Division 1) to:

(a)    the Federal Court; or

(b)    a State or Territory court.

1337F(5)    
An appeal may not be instituted from a decision of a State Family Court of a State to:

(a)    the Federal Court; or

(b)    a court of another State or Territory; or

(c)    except in accordance with the law of the State under which the State Family Court is constituted - the Supreme Court of that State.

SECTION 1337G  

1337G   COURTS TO ACT IN AID OF EACH OTHER  
All courts having jurisdiction in:

(a) civil matters arising under the Corporations legislation; or

(b) matters referred to in subsection 1337B(3);

and the officers of, or under the control of, those courts must severally act in aid of, and be auxiliary to, each other in all those matters.

Subdivision C - Transfer of proceedings  

SECTION 1337H   TRANSFER OF PROCEEDINGS BY THE FEDERAL COURT AND STATE AND TERRITORY SUPREME COURTS  

1337H(1)   [ Application]  

This section applies to a proceeding (the relevant proceeding ) in a court (the transferor court ) if:

(a) the relevant proceeding is:

(i) a proceeding with respect to a civil matter arising under the Corporations legislation; or

(ii) a subsection 1337B(3) proceeding; and

(b) the transferor court is:

(i) the Federal court; or

(ii) a State or Territory Supreme Court.

1337H(2)   [ Power to transfer]  

Subject to subsections (3), (4) and (5), if it appears to the transferor court that, having regard to the interests of justice, it is more appropriate for:

(a) the relevant proceeding; or

(b) an application in the relevant proceeding;

to be determined by another court that has jurisdiction in the matters for determination in the relevant proceeding or application, the transferor court may transfer the relevant proceeding or application to that other court.

1337H(3)   [ Transfer of ADJR proceeding to Federal Court]  

If:

(a) the relevant proceeding is a subsection 1337B(3) proceeding; and

(b) the transferor court is a State or Territory Supreme Court;

the transferor court must transfer the relevant proceeding to the Federal Court unless the matter for determination in it arises out of, or relates to, another proceeding pending in any court of that State or Territory that:

(c) arises, or a substantial part of which arises, under the Corporations legislation; and

(d) is not a subsection 1337B(3) proceeding;

regardless of which proceeding was commenced first.

1337H(4)   [ Discretion to transfer ADJR proceeding to Federal Court]  

Even if subsection (3) does not require a State or Territory Supreme Court to transfer a subsection 1337B(3) proceeding to the Federal Court, it may nevertheless do so if it considers that to be appropriate, having regard to the interests of justice, including the desirability of related proceedings being heard in the same State or Territory.

1337H(5)   [ Transfer of ADJR proceeding to Supreme Court]  

If:

(a) the relevant proceeding is a subsection 1337B(3) proceeding in relation to a matter; and

(b) the transferor court is the Federal Court;

the transferor court may only transfer the relevant proceeding, or an application in the relevant proceeding, to a State or Territory Supreme Court if:

(c) the matter arises out of, or relates to, another proceeding pending in any court of that State or Territory that:

(i) arises, or a substantial part of which arises, under the Corporations legislation; and

(ii) is not a subsection 1337B(3) proceeding;

regardless of which proceeding was commenced first; and

(d) the transferor court considers the transfer to be appropriate, having regard to the interests of justice, including the desirability of related proceedings being heard in the same jurisdiction.

1337H(6)   [ No extra jurisdiction]  

Nothing in this section confers on a court jurisdiction that the court would not otherwise have.

1337H(7)   [ Interests of justice]  

The fact that some references in this section to the interests of justice include the desirability of related proceedings being heard in the same jurisdiction does not of itself mean that other references to the interests of justice, in this section or elsewhere in this Act, do not include that matter.

SECTION 1337J   TRANSFER OF PROCEEDINGS BY FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1) AND STATE FAMILY COURTS  

1337J(1)    
This section applies to a proceeding (the relevant proceeding ) in a court (the transferor court ) if:

(a)    the relevant proceeding is with respect to a civil matter arising under the Corporations legislation; and

(b)    

the transferor court is:

(i) the Federal Circuit and Family Court of Australia (Division 1); or

(ii) a State Family Court.

1337J(2)    
If it appears to the transferor court:

(a)    that the relevant proceeding arises out of, or is related to, another proceeding pending in:

(i) the Federal Court; or

(ii) another State or Territory court;

and that the court in which the other proceeding is pending is the most appropriate court to determine the relevant proceeding; or

(b)    that having regard to:

(i) whether, in the transferor court ' s opinion, apart from this Division, the relevant proceeding, or a substantial part of it, would have been incapable of being instituted in the transferor court; and

(ii) the extent to which, in the transferor court ' s opinion, the matters for determination in the relevant proceeding are matters not within the transferor court ' s jurisdiction apart from this Division; and

(iii) the interests of justice;

the Federal Court, or another State or Territory court, is the most appropriate court to determine the relevant proceeding; or

(c)    that it is otherwise in the interests of justice that the Federal Court, or another State or Territory court, determine the relevant proceeding;

the transferor court must transfer the relevant proceeding to the Federal Court or to that other court.

1337J(3)    
Subject to subsection (2) , if it appears to the transferor court:

(a)    

that the relevant proceeding arises out of, or is related to, another proceeding pending in another court that is:

(i) the Federal Circuit and Family Court of Australia (Division 1); or

(ii) a State Family Court;

and that has jurisdiction under section 1337C in the matters for determination in the relevant proceeding and that the other court is the most appropriate court to determine the relevant proceeding; or

(b)    

that it is otherwise in the interests of justice that the relevant proceeding be determined by another court that is:

(i) the Federal Circuit and Family Court of Australia (Division 1); or

(ii) a State Family Court;

and that has jurisdiction under section 1337C in the matters for determination in the relevant proceeding;

the transferor court must transfer the relevant proceeding to the other court.

1337J(4)    
If:

(a)    the transferor court transfers the relevant proceeding to another court; and

(b)    it appears to the transferor court that:

(i) there is another proceeding pending in the transferor court that arises out of, or is related to, the relevant proceeding; and

(ii) it is in the interests of justice that the other court also determine the other proceeding;

the transferor court must also transfer the other proceeding to the other court.

1337J(5)    
Nothing in this section confers on a court jurisdiction that the court would not otherwise have.

SECTION 1337K   TRANSFER OF PROCEEDINGS IN LOWER COURTS  

1337K(1)   [ Application]  

This section applies to a proceeding (the relevant proceeding ) in a court (the transferor court ) if:

(a) the relevant proceeding is with respect to a civil matter arising under the Corporations legislation; and

(b) the transferor court is a lower court of a State or Territory.

1337K(2)   [ Transfer to another court]  

If it appears to the transferor court that, having regard to the interests of justice, it is more appropriate for:

(a) the relevant proceeding; or

(b) an application in the relevant proceeding;

to be determined by another court that has jurisdiction in the matters for determination in the relevant proceeding or application, the transferor court may take action under whichever of subsections (3) and (4) applies.

1337K(3)   [ Transfer to another lower court]  

If the other court is also a lower court, the transferor court may transfer the relevant proceeding or application to the other court.

1337K(4)   [ Transfer to superior court]  

If the other court is a superior court, the transferor court may:

(a) transfer the relevant proceeding or application to the relevant Supreme Court; and

(b) recommend that the relevant proceeding or application be transferred by the Supreme Court to the other court.

1337K(5)   [ Supreme Court discretion as to recommendation by lower court]  

The relevant Supreme Court is not bound to comply with a recommendation under subsection (4) and it may instead decide:

(a) to deal with the relevant proceeding or application itself; or

(b) to transfer the relevant proceeding or application to some other court (which could be the transferor court).

1337K(6)   [ Operation of section]  

Nothing in this section allows the relevant Supreme Court to transfer the relevant proceeding or application to another court otherwise than in accordance with section 1337H and the other requirements of this Division.

1337K(7)   [ No extra jurisdiction]  

Nothing in this section confers on a court jurisdiction that the court would not otherwise have.

1337K(8)   [ ``relevant Supreme Court'']  

In this section:

relevant Supreme Court
means the Supreme Court of the State or Territory of which the transferor court is a court.

SECTION 1337L  

1337L   FURTHER MATTERS FOR A COURT TO CONSIDER WHEN DECIDING WHETHER TO TRANSFER A PROCEEDING  
In deciding whether to transfer under section 1337H, 1337J or 1337K a proceeding or application, a court must have regard to:

(a) the principal place of business of any body corporate concerned in the proceeding or application; and

(b) the place or places where the events that are the subject of the proceeding or application took place; and

(c) the other courts that have jurisdiction to deal with the proceeding or application.

SECTION 1337M  

1337M   TRANSFER MAY BE MADE AT ANY STAGE  
A court may transfer under section 1337H, 1337J or 1337K a proceeding or application:

(a) on the application of a party made at any stage; or

(b) of the court's own motion.

SECTION 1337N  

1337N   TRANSFER OF DOCUMENTS  
If, under section 1337H, 1337J or 1337K, a court (the transferor court ) transfers a proceeding, or an application in a proceeding, to another court:

(a) the Registrar or other proper officer of the transferor court must transmit to the Registrar or other proper officer of the other court all documents filed in the transferor court in respect of the proceeding or application, as the case may be; and

(b) the other court must proceed as if:

(i) the proceeding had been originally instituted in the other court; and

(ii) the same proceedings had been taken in the other court as were taken in the transferor court; and

(iii) in a case where an application is transferred - the application had been made in the other court.

SECTION 1337P   CONDUCT OF PROCEEDINGS  

1337P(1)    
Subject to sections 1337S , 1337T and 1337U , if it appears to a court that, in determining a matter for determination in a proceeding, the court will, or will be likely to, be exercising relevant jurisdiction, the rules of evidence and procedure to be applied in dealing with that matter are to be the rules that:

(a)    

are applied in a superior court in Australia; and

(b)    the court considers appropriate to be applied in the circumstances.

1337P(2)    
If a proceeding is transferred or removed to a court (the transferee court ) from another court (the transferor court ), the transferee court must deal with the proceeding as if, subject to any order of the transferee court, the steps that had been taken for the purposes of the proceeding in the transferor court (including the making of an order), or similar steps, had been taken in the transferee court.

1337P(3)    

In this section:

relevant jurisdiction
means:

(a) jurisdiction conferred on the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 1) with respect to civil matters arising under the Corporations Legislation; or

(b) jurisdiction conferred on a court of a State or Territory with respect to matters referred to in subsection 1337B(3) .

SECTION 1337Q   RIGHTS OF APPEARANCE  

1337Q(1)   [ Application]  

This section applies if a proceeding (the transferred proceeding ) in a court (the transferor court ) is transferred to another court (the transferee court ) under this Division.

1337Q(2)   [ Same entitlements to practise]  

A person who is entitled to practise as a barrister or a solicitor, or as both a barrister and a solicitor, in the transferor court has the same entitlements to practise in relation to:

(a) the transferred proceeding; and

(b) any other proceeding out of which the transferred proceeding arises or to which the transferred proceeding is related, being another proceeding that is to be determined together with the transferred proceeding;

in the transferee court that the person would have if the transferee court were a federal court exercising federal jurisdiction.

SECTION 1337R  

1337R   LIMITATION ON APPEALS  
An appeal does not lie from a decision of a court:

(a) in relation to the transfer of a proceeding under this Division; or

(b) as to which rules of evidence and procedure are to be applied pursuant to subsection 1337P(1).

Subdivision D - Rules of court  

SECTION 1337S   RULES OF THE FEDERAL COURT  

1337S(1)    
The power to make rules of court conferred by section 59 of the Federal Court of Australia Act 1976 extends to making rules of court:

(a)    with respect to proceedings, and the practice and procedure, of the Federal Court of Australia under the Corporations legislation; and

(b)    

with respect to any matter or thing that is:

(i) required or permitted by the Corporations legislation to be prescribed by rules of court within the meaning of the Corporations legislation; or

(ii) necessary or convenient to be prescribed by such rules of court for carrying out or giving effect to the Corporations legislation; and

(c)    without limitation, with respect to costs, and with respect to rules about meetings ordered by the Federal Court of Australia.

1337S(2)    
In this section:

Corporations legislation
does not include rules of court.

SECTION 1337T   RULES OF THE SUPREME COURT  

1337T(1)    

The Judges of the Supreme Court of the Australian Capital Territory, or a majority of them, may make rules of court:

(a)    with respect to proceedings, and the practice and procedure, of that court under the Corporations legislation; and

(b)    

with respect to any matter or thing that is:

(i) required or permitted by the Corporations legislation to be prescribed by rules of court within the meaning of the Corporations legislation; or

(ii) necessary or convenient to be prescribed by such rules of court for carrying out or giving effect to the Corporations legislation; and

(c)    without limitation, with respect to costs, and with respect to rules as to meetings ordered by that Court.

1337T(2)    

When a lower court of the Australian Capital Territory is exercising jurisdiction with respect to matters arising under the Corporations legislation, the court must apply the rules of court made under subsection (1) , with such alterations as are necessary.

1337T(3)    
In this section:

Corporations legislation
does not include rules of court.

SECTION 1337U   RULES OF THE FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)  

1337U(1)    

The power to make Rules of Court under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021 extends to making rules of court:

(a)    

with respect to proceedings, and the practice and procedure, of the Federal Circuit and Family Court of Australia (Division 1) under the Corporations legislation; and

(b)    

with respect to any matter or thing that is:

(i) required or permitted by the Corporations legislation to be prescribed by rules of court within the meaning of the Corporations legislation; or

(ii) necessary or convenient to be prescribed by such rules of court for carrying out or giving effect to the Corporations legislation; and

(c)    

without limitation, with respect to costs, and with respect to rules about meetings ordered by the Federal Circuit and Family Court of Australia (Division 1).

1337U(2)    
In this section:

Corporations legislation
does not include rules of court.

Division 2 - Criminal jurisdiction  

SECTION 1338A   OPERATION OF DIVISION  

1338A(1)    
This Division provides in relation to the jurisdiction of courts in respect of criminal matters arising under the Corporations legislation and so provides to the exclusion of sections 68 , 70 and 70A of the Judiciary Act 1903 .

1338A(2)    
This Division does not limit the operation of the provisions of the Judiciary Act 1903 other than sections 68 , 70 and 70A .

1338A(3)    

Without limiting subsection (2) , this Division does not limit the operation of subsection 39(2) of the Judiciary Act 1903 in relation to criminal matters arising under the Corporations legislation or sections 68A to 68D of that Act in relation to proceedings in relation to an offence against the Corporations legislation that are brought before the Federal Court.

SECTION 1338AA  

1338AA   CRIMINAL JURISDICTION OF THE FEDERAL COURT  

Jurisdiction is conferred on the Federal Court to hear and determine prosecutions for indictable offences against this Act.

SECTION 1338B   CRIMINAL JURISDICTION OF STATE AND TERRITORY COURTS  

1338B(1)    

Subject to this section, a court of a State or Territory exercising jurisdiction:

(a)    

with respect to:

(i) the summary conviction; or

(ii) the examination and commitment for trial on indictment; or

(iii) the trial and conviction on indictment;

of offenders or persons charged with offences against the laws of the State or Territory concerned, and with respect to:

(iv) their sentencing, punishment and release; or

(v) their liability to make reparation in connection with their offences; or

(vi) the forfeiture of property in connection with their offences; or

(vii) the proceeds of their crimes; and

(b)    with respect to the hearing and determination of:

(i) proceedings connected with; or

(ii) appeals arising out of; or

(iii) appeals arising out of proceedings connected with;

any such trial or conviction or any matter of a kind referred to in subparagraph (a)(iv) , (v) , (vi) or (vii) ;

has the equivalent jurisdiction with respect to offenders or persons charged with offences against the Corporations legislation.

1338B(2)    
The jurisdiction conferred by subsection (1) is not to be exercised with respect to the summary conviction, or examination and commitment for trial, of any person except by a magistrate.

1338B(3)    

The jurisdiction conferred by subsection (1) includes jurisdiction in accordance with provisions of a relevant law of the State or Territory concerned, and:

(a)    

the reference in paragraph (1)(b) to " any such trial or conviction " includes a reference to any conviction or sentencing in accordance with the provisions of the relevant law; and

(b)    unless the contrary intention appears, a reference to jurisdiction conferred by subsection (1) includes a reference to such included jurisdiction.

1338B(4)    
A person may be dealt with in accordance with a relevant law even if, apart from this section, the offence concerned:

(a)    would be required to be prosecuted on indictment; or

(b)    would be required to be prosecuted either summarily or on indictment.

1338B(5)    
For the purposes of the application of a relevant law as provided by subsection (3) :

(a)    a reference in that law to an indictable offence is taken to include a reference to an offence that may be prosecuted on indictment; and

(b)    in order to determine the sentence that may be imposed on a person by a court pursuant to the relevant law, the person is taken to have been prosecuted and convicted on indictment in that court.

1338B(6)    
Subject to subsection (8) , the jurisdiction conferred on a State or Territory court by subsection (1) is conferred despite any limits as to locality of the jurisdiction of that court under the law of that State or Territory.

1338B(7)    
If:

(a)    jurisdiction is conferred on a State or Territory court in relation to the summary conviction of persons charged with offences against the Corporations legislation by subsection (1) ; and

(b)    the court is satisfied that it is appropriate to do so, having regard to all the circumstances including the public interest;

the court may decline to exercise that jurisdiction in relation to an offence committed in another State or Territory.

1338B(8)    

The jurisdiction conferred on a State or Territory court by subsection (1) in relation to:

(a)    the examination and commitment for trial on indictment; and

(b)    the trial and conviction on indictment;

of offenders or persons charged with offences against the Corporations legislation is conferred only in relation to:

(c)    offences committed outside Australia; and

(d)    offences committed, begun or completed in the State or the Territory concerned.

1338B(9)    
In this section:

appeal
includes an application for a new trial and a proceeding to review or call in question the proceedings, decision or jurisdiction of a court or judge.

Australia
does not include the coastal sea.

relevant law
means a law providing that where, in proceedings before a court, a person pleads guilty to a charge for which he or she could be prosecuted on indictment, the person may be committed, to a court having jurisdiction to try offences on indictment, to be sentenced or otherwise dealt with without being tried in that last-mentioned court.

SECTION 1338C   LAWS TO BE APPLIED  

1338C(1)    

Subject to this Division, the laws of a State or Territory respecting:

(a)    the arrest and custody in the State or Territory of offenders or persons charged with offences; and

(b)    criminal procedure in the State or Territory in relation to such persons; and

(c)    the rules of evidence applied in criminal procedure in the State or Territory in relation to such persons;

apply in the State or Territory, so far as they are applicable, to persons who are charged with offences against the Corporations legislation.

1338C(2)    
In this section:

criminal procedure
means the procedure for:

(a) the summary conviction; and

(b) the examination and commitment for trial on indictment; and

(c) the trial and conviction on indictment; and

(d) the hearing and determination of appeals arising out of any such trial or conviction or out of any related proceedings;

of offenders or persons charged with offences, and includes the procedure for holding accused persons to bail.