Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 14 - COURTS AND PROCEEDINGS  

PART 14-3 - JURISDICTION AND PROCEDURE OF COURTS  

Division 589 - Criminal jurisdiction  

SECTION 589-5   JURISDICTION OF COURTS  

589-5(1)    
Subject to this section, the several courts of each State, the Australian Capital Territory and the Northern 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, the Australian Capital Territory or the Northern Territory, 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);

have the equivalent jurisdiction with respect to offenders or persons charged with offences against the Aboriginal and Torres Strait Islander Corporations legislation.

589-5(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.

589-5(3)    
The jurisdiction conferred by subsection (1) includes jurisdiction in accordance with provisions of a relevant law of a State, the Australian Capital Territory or the Northern Territory, 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 a relevant law; and

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

589-5(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.

589-5(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.

589-5(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.

589-5(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 Aboriginal and Torres Strait Islander 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.

589-5(8)    

The jurisdiction conferred on a court of a State, the Australian Capital Territory or the Northern Territory 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 Aboriginal and Torres Strait Islander 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.

589-5(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.