Document ID: chunk:federal_register_of_legislation:C2004A03808:body:0:p5
Version: federal_register_of_legislation:C2004A03808
Segment Type: other
Provision Reference: 
Character Range: 10421–13049

Division 1—Amendments of the Cocos (Keeling) Islands Act 1955

Principal Act
16. In this Division, "Principal Act" means the Cocos (Keeling) Islands Act 19555.

Interpretation
17. Section 4 of the Principal Act is amended by inserting the following definitions:
     " 'constable' means:
        (a) a member or special member of the Australian Federal Police; or
        (b) an officer or special officer of the Police Force of the Territory;
     'indictment court' means a court established by a law of the Territory (whether before or after the commencement of this definition) in which trials on indictment of offences against laws in force in the Territory may be conducted;
     'prison' includes a lock-up or other place of lawful detention;
     'Registrar', in relation to an indictment court, means the registrar, or a deputy registrar, of that court;
     'Sheriff means the Sheriff, or a Deputy Sheriff, of the Territory;
     'State' includes a Territory other than the Territory;".
18. After Part IV of the Principal Act the following Part is inserted:

"PART IVa—TRIALS ON INDICTMENT

Trials on indictment to be by judge and jury
"15aa. The trial on indictment of an offence against a law in force in the Territory shall be by judge and jury.

Minister may make arrangements with States
"15ab. The Minister may make arrangements with the government or an authority of a State for the purposes of the effective application of the provisions of this Part relating to sittings of an indictment court in that State in the exercise of its criminal jurisdiction.

Indictment court may sit in a State
"15ac. (1) Subject to this section, an indictment court, in the exercise of its criminal jurisdiction, may sit in a State if to do so would not be contrary to the interests of justice.
"(2) An indictment court may, at any time after the presentation of an indictment for an offence against a law in force in the Territory and before the jury has returned its verdict, if it is satisfied that the interests of justice require it, order:
     (a) if the trial of the offence has not begun—that the trial be held in a State, and at a time and place, specified in the order; and
     (b) if the trial of the offence has begun—that the trial be discontinued, the jury be discharged and a new trial be held in a State, and at a time and place, specified in the order.
"(3) An indictment court may make an order under subsection (2) at a sittings of the court in the Territory or in a State.
"(4) An indictment court may make an order under subsection (2) at a sittings of the court in a State whether or not the accused is