Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p21
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 21/212)
Character Range: 57686–60590

of the Capital Territory' does not include rules of court.

"Division 2—Vesting and cross-vesting of criminal jurisdiction

Operation of Division

  "62. This Division provides in relation to:

     (a) the jurisdiction of courts in respect of criminal matters arising under the Corporations Law of the Capital Territory; and

     (b) the jurisdiction of the courts of the Capital Territory in respect of criminal matters arising under the Corporations Law of any jurisdiction;

and so provides to the exclusion of sections 68, 70 and 70a of the Judiciary Act 1903.

Interpretation

  "63. (1) In this Division:

'magistrate' means a magistrate who is remunerated by salary or otherwise.

  "(2) In this Division:

     (a) a reference to the Corporations Law of the Capital Territory includes a reference to:

       (i) the Corporations Regulations of the Capital Territory; and

       (ii) the ASC Law of the Capital Territory; and

      (iii) the ASC Regulations of the Capital Territory; and

      (iv) any other applicable provisions (as defined in section 4) of the Capital Territory; and

       (v) this Act; and

         (vi) regulations made under section 73 of this Act or section 252 of the ASC Law of the Capital Territory; and

         (vii) rules of court made by the Federal Court because of a provision of this Act, and rules of court applied by the Supreme Court of the Capital Territory, or of a State, when exercising jurisdiction conferred by this Division (including jurisdiction conferred by virtue of any previous application or applications of this subparagraph); and

     (b) a reference to the Corporations Law of a State is a reference to the Corporations Law of that State within the meaning of the law of that State corresponding to this Division.

Jurisdiction of courts

"64. (1) Subject to this section, the several courts of each State and the Capital 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 or Capital Territory; and

     (b) with respect to the hearing and determination of appeals arising out of any such trial or conviction or out of any connected proceedings;

have the equivalent jurisdiction with respect to offenders or persons charged with offences against the Corporations Law of the Capital Territory.

"(2) Where a provision of a law of a State corresponding to subsection (1) is expressed to confer jurisdiction with respect to offenders or persons who are charged with offences against the Corporations Law of that State upon a court of the Capital Territory, the court may exercise that jurisdiction.

"(3) The jurisdiction conferred by subsection (1) is not to be exercised with