Document ID: chunk:federal_register_of_legislation:C2014C00679:section:7
Version: federal_register_of_legislation:C2014C00679
Segment Type: section
Provision Reference: s 7
Character Range: 19817–22030

7  Trial of offenders
 (1) Subject to the succeeding provisions of this section, jurisdiction is conferred on the several courts of the States and Territories with respect to offences against the laws applied under subsection 4(1).
 (2) The jurisdiction conferred on courts by the last preceding subsection is conferred within the limits (other than limits having effect by reference to the places at which offences are committed) of their several jurisdictions, but, in the case of a court of a State, subject to the conditions and restrictions specified in paragraphs (a), (b) and (c) of subsection (2) of section thirty‑nine of the Judiciary Act 1903‑1960.
 (3) The jurisdiction conferred on a court of summary jurisdiction by this section shall not be judicially exercised except by a Chief, Police, Stipendiary, Resident or Special Magistrate.
 (4) The trial on indictment of an offence against the laws applied under subsection 4(1) may be held:
 (a) in any State; or
 (b) in any Territory in which a court having jurisdiction to try the offence may sit.
 (5) Subject to this Act, the laws of a State or Territory with respect to the arrest and custody of offenders or persons charged with offences and the procedure for:
 (a) their summary conviction;
 (b) their examination and commitment for trial on indictment;
 (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 apply, so far as they are applicable, to a person who is charged in that State or Territory with an offence against the laws applied under subsection 4(1).
 (6) Where a person is convicted of an offence against the laws applied under subsection 4(1) and the laws of the State or Territory in which he or she is convicted make no provision, or insufficient provision, for carrying out the penalty imposed in respect of the offence, the penalty shall be enforced or carried into effect as the Governor‑General directs.
 (7) Except as provided by this Act, the Judiciary Act 1903‑1960 applies in relation to offences against the laws applied under subsection 4(1).