Document ID: chunk:federal_register_of_legislation:C2024C00826:section:204:p1
Version: federal_register_of_legislation:C2024C00826
Segment Type: section
Provision Reference: s 204 (pt 1/2)
Character Range: 515018–517852

204  Criminal jurisdiction of State and Territory courts

Cross‑vesting of criminal jurisdiction of courts
 (1) Subject to this section, if a court of a State or Territory exercises jurisdiction in relation to a matter covered by subsection (2) in relation to offenders or persons (State offenders) charged with offences against the laws of the State or Territory, the court has the equivalent jurisdiction in relation to offenders or persons charged with offences against this Act.
 (2) The matters covered by this subsection are as follows:
 (a) the summary conviction of State offenders;
 (b) their examination and commitment for trial on indictment;
 (c) their trial and conviction on indictment;
 (d) their sentencing, punishment and release;
 (e) the liability to make reparation in connection with their offences;
 (f) the forfeiture of property in connection with their offences;
 (g) the proceeds of their crimes;
 (h) 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 trial or conviction referred to in paragraph (a), (b) or (c), or any matter of a kind referred to in paragraph (d), (e), (f) or (g).
 (2A) However, this section does not apply in relation to the jurisdiction of a lower court of Norfolk Island.

Certain aspects of jurisdiction to be exercised only by magistrate
 (3) Only a magistrate may exercise the jurisdiction conferred by subsection (1) in relation to the summary conviction, or examination and commitment for trial, of any person.

Person who pleads guilty to an indictable offence may be sentenced or otherwise dealt with without trial
 (4) The jurisdiction conferred by subsection (1) includes jurisdiction in accordance with provisions of a relevant criminal law of a State or Territory, and:
 (a) the reference in paragraph (2)(h) to "any trial or conviction" includes a reference to any conviction or sentencing in accordance with the provisions of a relevant criminal law; and
 (b) unless the contrary intention appears, a reference to jurisdiction conferred by subsection (1) includes a reference to such included jurisdiction.
 (5) Relevant criminal law means a law providing that if, in proceedings before a court, a person pleads guilty to a charge for which the person could be prosecuted on indictment, the person may be committed, to a court having jurisdiction to try offences on indictment, to be sentenced or otherwise dealt with without being tried in that last‑mentioned court.
 (6) A person may be dealt with in accordance 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