Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1338b:p1
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1338B (pt 1/2)
Character Range: 5740416–5743193

1338B  Criminal jurisdiction of State and Territory courts
 (1) Subject to this section, a court of a State or 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 Territory concerned, 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);
has 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 the State or Territory concerned, 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 the 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