Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CORPORATIONS ACT 2001 - SECT 1338B

Jurisdiction of courts

             (1)  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.

             (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.

             (3)  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.

             (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.

             (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.

             (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.

             (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.

             (8)  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.

             (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.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback