Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p22
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 22/212)
Character Range: 60347–63054

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 respect to the summary conviction, or examination and commitment for trial, of any person except by a magistrate.

"(4) The jurisdiction conferred by subsection (1) includes jurisdiction in accordance with provisions of a relevant law of a State or the Capital 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.

"(5) 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.

"(6) For the purposes of the application of a relevant law as provided by subsection (4):

     (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.

"(7) Subject to subsections (9) and (10), the jurisdiction conferred on a court of a State or the Capital Territory by subsection (1) is conferred despite any limits as to locality of the jurisdiction of that court under the law of that State or of the Capital Territory.

"(8) Subject to subsection (9), the jurisdiction conferred on a court of the Capital Territory by a law of a State corresponding to subsection (1) may be exercised despite any limits as to locality of the jurisdiction of that court under the law of the Capital Territory.

  "(9) Where:

     (a) jurisdiction is conferred on a court of the Capital Territory in relation to the summary conviction of persons charged with offences against the Corporations Law of this or another jurisdiction by subsection (1) or a corresponding provision of a law of a State; 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 a State.

"(10) The jurisdiction conferred on a court of a State by