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CORPORATIONS ACT 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.6A - JURISDICTION AND PROCEDURE OF COURTS  

Division 2 - Criminal jurisdiction    View history reference

SECTION 1338B  JURISDICTION OF COURTS  

1338B(1)  [Equivalent jurisdiction]  


Subject to this section, the several courts of each State, the 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 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 Corporations legislation.

1338B(2)  [Limitations on jurisdiction]  


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)  [Included jurisdiction]  


The jurisdiction conferred by subsection (1) includes jurisdiction in accordance with provisions of a relevant law of a State, the 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.

1338B(4)  [Person may be dealt with in accordance with relevant law]  


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)  [Application of relevant law]  


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)  [Jurisdictional locality limits]  


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)  [Summary convictions]  


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)  [Trial and conviction on indictment]  

 View history reference

The jurisdiction conferred on a court of a State, the 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 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)  [Definitions]  


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.

 



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