Document ID: chunk:federal_register_of_legislation:C2024C00492:section:2:p39
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 2 (pt 39/45)
Character Range: 749803–752735

and Torres Strait Islander Corporations legislation; and
 (c) without limitation, with respect to costs, and with respect to rules about meetings ordered by the Federal Circuit and Family Court of Australia (Division 1).

Division 589—Criminal jurisdiction

589‑1  Operation of Division
 (1) This Division provides in relation to the jurisdiction of courts in respect of criminal matters arising under the Aboriginal and Torres Strait Islander Corporations legislation and so provides to the exclusion of sections 68, 70 and 70A of the Judiciary Act 1903.
 (2) This Division does not limit the operation of the provisions of the Judiciary Act 1903 other than sections 68, 70 and 70A.
 (3) Without limiting subsection (2), this Division does not limit the operation of subsection 39(2) of the Judiciary Act 1903 in relation to criminal matters arising under the Aboriginal and Torres Strait Islander Corporations legislation.

589‑5  Jurisdiction of courts
 (1) Subject to this section, the several courts of each State, the Australian Capital Territory and the Northern 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, the Australian Capital Territory or the Northern Territory, 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);
have the equivalent jurisdiction with respect to offenders or persons charged with offences against the Aboriginal and Torres Strait Islander 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 a State, the Australian Capital Territory or the Northern 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.
 (4) A person may be dealt with in accordance with a relevant law even if,