Document ID: chunk:federal_register_of_legislation:C2024C00826:section:204:p2
Version: federal_register_of_legislation:C2024C00826
Segment Type: section
Provision Reference: s 204 (pt 2/2)
Character Range: 517612–519621

with a relevant criminal 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.
 (7) For the purposes of the application of a relevant criminal 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 criminal law, the person is taken to have been prosecuted and convicted on indictment in that court.

Jurisdiction in relation to summary offences is unlimited
 (8) Subject to subsection (10), the jurisdiction conferred on a court of a State or 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 Territory.

Court may decline to exercise jurisdiction in relation to summary offences
 (9) If:
 (a) jurisdiction is conferred on a court of a State or Territory in relation to the summary conviction of persons charged with offences against this Act by subsection (1); 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 another State or Territory.

Limits on jurisdiction in relation to indictable offences
 (10) The jurisdiction conferred on a court of a State or Territory by subsection (1) in relation to:
 (a) the examination and commitment for trial on indictment; and
 (b) the trial and conviction on indictment;
of offenders or persons charged with offences against this Act is conferred only in relation to:
 (c) offences committed outside Australia (not including the coastal sea); and
 (d) offences committed, begun or completed in the State or the Territory concerned.