National Consumer Credit Protection Act 2009

CHAPTER 4 - REMEDIES  

PART 4-3 - JURISDICTION AND PROCEDURE OF COURTS  

Division 3 - Criminal proceedings  

Subdivision B - Conferral of criminal jurisdiction  

SECTION 204   CRIMINAL JURISDICTION OF COURTS  
Cross-vesting of criminal jurisdiction of courts

204(1)    
Subject to this section, if a court of a State or Territory exercises jurisdiction in relation to a matter covered by subsection (2) in relation to offenders or persons ( State offenders ) charged with offences against the laws of the State or Territory, the court has the equivalent jurisdiction in relation to offenders or persons charged with offences against this Act.

204(2)    
The matters covered by this subsection are as follows:

(a)    the summary conviction of State offenders;

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

(c)    their trial and conviction on indictment;

(d)    their sentencing, punishment and release;

(e)    the liability to make reparation in connection with their offences;

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

(g)    the proceeds of their crimes;

(h)    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 trial or conviction referred to in paragraph (a) , (b) or (c) , or any matter of a kind referred to in paragraph (d) , (e) , (f) or (g) .

204(2A)    

However, this section does not apply in relation to the jurisdiction of a lower court of Norfolk Island.

Certain aspects of jurisdiction to be exercised only by magistrate

204(3)    
Only a magistrate may exercise the jurisdiction conferred by subsection (1) in relation to the summary conviction, or examination and commitment for trial, of any person.

Person who pleads guilty to an indictable offence may be sentenced or otherwise dealt with without trial

204(4)    
The jurisdiction conferred by subsection (1) includes jurisdiction in accordance with provisions of a relevant criminal law of a State or Territory, and:

(a)    the reference in paragraph (2)(h) to " any trial or conviction " includes a reference to any conviction or sentencing in accordance with the provisions of a relevant criminal law; and

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

204(5)    
Relevant criminal law means a law providing that if, in proceedings before a court, a person pleads guilty to a charge for which the person 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.

204(6)    
A person may be dealt with in accordance with a relevant criminal 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.

204(7)    
For the purposes of the application of a relevant criminal law as provided by subsection (4) :

(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 criminal law, the person is taken to have been prosecuted and convicted on indictment in that court.

Jurisdiction in relation to summary offences is unlimited

204(8)    
Subject to subsection (10) , the jurisdiction conferred on a court of a State or Territory 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.

Court may decline to exercise jurisdiction in relation to summary offences

204(9)    
If:

(a)    jurisdiction is conferred on a court of a State or Territory in relation to the summary conviction of persons charged with offences against this Act 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.

Limits on jurisdiction in relation to indictable offences

204(10)    
The jurisdiction conferred on a court of a State or 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 this Act is conferred only in relation to:

(c)    offences committed outside Australia (not including the coastal sea); and

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