Document ID: chunk:federal_register_of_legislation:C2024C00864:section:68:p1
Version: federal_register_of_legislation:C2024C00864
Segment Type: section
Provision Reference: s 68 (pt 1/3)
Character Range: 79790–82496

68  Jurisdiction of State and Territory courts in criminal cases
 (1) The laws of a State or Territory respecting the arrest and custody of offenders or persons charged with offences, and the procedure for:
 (a) their summary conviction; and
 (b) their examination and commitment for trial on indictment; and
 (c) their trial and conviction on indictment; and
 (d) the hearing and determination of appeals arising out of any such trial or conviction or out of any proceedings connected therewith;
and for holding accused persons to bail, shall, subject to this section, apply and be applied so far as they are applicable to persons who are charged with offences against the laws of the Commonwealth in respect of whom jurisdiction is conferred on the several courts of that State or Territory by this section.
 (2) The several Courts of a State or Territory exercising jurisdiction with respect to:
 (a) the summary conviction; or
 (b) the examination and commitment for trial on indictment; or
 (c) the trial and conviction on indictment;
of offenders or persons charged with offences against the laws of the State or Territory, and with respect to the hearing and determination of appeals arising out of any such trial or conviction or out of any proceedings connected therewith, shall, subject to this section and to section 80 of the Constitution, have the like jurisdiction with respect to persons who are charged with offences against the laws of the Commonwealth.
 (4) The several Courts of a State or Territory exercising the jurisdiction conferred upon them by this section shall, upon application being made in that behalf, have power to order, upon such terms as they think fit, that any information laid before them in respect of an offence against the laws of the Commonwealth shall be amended so as to remove any defect either in form or substance contained in that information.
 (5) Subject to subsection (5A):
 (a) the jurisdiction conferred on a court of a State or Territory by subsection (2) in relation to the summary conviction of persons charged with offences against the laws of the Commonwealth; and
 (b) the jurisdiction conferred on a court of a State or Territory by virtue of subsection (7) in relation to the conviction and sentencing of persons charged with offences against the laws of the Commonwealth in accordance with a provision of the law of that State or Territory of the kind referred to in subsection (7);
is conferred notwithstanding any limits as to locality of the jurisdiction of that court under the law of that State or Territory.
 (5A) A court of a State on which jurisdiction in relation to the summary conviction of persons charged with offences against the