Document ID: chunk:federal_register_of_legislation:C2025C00004:clause:5_60aa:p1
Version: federal_register_of_legislation:C2025C00004
Segment Type: clause
Provision Reference: sch 5 cl 60AA (pt 1/2)
Character Range: 35443–38148

60AA  Conferral of jurisdiction on prescribed State or Territory courts

Conferral of jurisdiction
 (1) A State or a Territory (the prescribed State or Territory), other than Norfolk Island, may be prescribed by the regulations for the purposes of this subsection.
 (2) The courts of the prescribed State or Territory have jurisdiction (including appellate jurisdiction) to hear and determine matters arising under laws in force in Norfolk Island as if Norfolk Island were part of the prescribed State or Territory.
Note: For the transfer of jurisdiction from the courts of Norfolk Island to the courts of the prescribed State or Territory, see Division 3 of Part 2 of Schedule 1 to the Territories Legislation Amendment Act 2020.

Places at which court may sit
 (3) A court of the prescribed State or Territory may, in exercising jurisdiction under this section, sit in Norfolk Island or the prescribed State or Territory.

Application of laws of procedure etc. in criminal proceedings
 (4) Section 68 of the Judiciary Act 1903 applies to a court exercising jurisdiction under this section in relation to a matter that concerns an offence as if:
 (a) a reference in that section to the laws of a State or Territory were a reference to the laws of the prescribed State or Territory; and
 (b) a reference in that section to offences against the laws of the Commonwealth were a reference to offences against the laws in force in Norfolk Island; and
 (c) a reference in that section to the conferral of jurisdiction on the courts of a State or Territory by that section were a reference to the conferral of jurisdiction on the courts of the prescribed State or Territory by this section; and
 (d) the reference in subsection (5A) of that section to another State (which includes a Territory) does not include a reference to Norfolk Island.

State or Territory laws to govern where applicable
 (5) The laws of the prescribed State or Territory, including the laws relating to procedure, evidence and the competency of witnesses, are binding on all courts exercising jurisdiction under this section in that State or Territory, or in Norfolk Island, in all cases to which they are applicable.

Other matters
 (6) This section is subject to:
 (a) the Constitution; and
 (b) any law in force in Norfolk Island.
Note: Paragraph (6)(b) has the effect that subsections (3), (4) and (5) of this section are subject to the provisions of Part VIIA of this Act.
 (7) A suspension of a law under subsection 18A(4) does not, by virtue of that suspension alone, affect the application of that law under subsections (4) and (5) of this section.

Part VIIA—Procedure in criminal and civil matters

Division 1—Criminal matters