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 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.
Commonwealth Numbered Acts