Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p23
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 23/212)
Character Range: 62818–65580

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 a State.

"(10) The jurisdiction conferred on a court of a State 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 the Corporations Law of the Capital Territory is conferred only in relation to:

  (c) offences committed outside Australia; and

     (d) offences committed, begun or completed within the State concerned.

  "(11) In this section:

'Australia' does not include the coastal sea;

'relevant law' means a law providing that where, in proceedings before a court, a person pleads guilty to a charge for which he or she 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.

Laws to be applied

"65. (1) Subject to this Division, the laws of the Capital Territory respecting:

     (a) the arrest and custody in the Territory of offenders or persons charged with offences; and

  (b) criminal procedure in the Territory in relation to such persons;

apply in the Territory, so far as they are applicable, to persons who are charged with offences against the Corporations Law of the Capital Territory or of a State in respect of whom jurisdiction is conferred on a court of the Capital Territory by this Division or a corresponding law of a State.

  "(2) Subject to this Division, the laws of a State respecting:

     (a) the arrest and custody in that State of offenders or persons charged with offences; and

   (b) criminal procedure in that State in relation to such persons;

apply in that State, so far as they are applicable, to persons who are charged with offences against the Corporations Law of the Capital Territory in respect of whom jurisdiction is conferred on a court of that State by this Division.

"(3) The application of laws by subsections (1) and (2) is in addition to, and not in derogation from, the application of laws effected by Part 8 or the corresponding law of a State.

  "(4) In this section:

'criminal procedure' means the procedure for:

  (a) the summary conviction; and

  (b) the examination and commitment for trial on indictment; and

  (c) the 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 related proceedings;

of offenders or persons charged with offences, and includes the procedure for holding accused persons to bail;