Commonwealth Consolidated Acts

STATUTORY DECLARATIONS ACT 1959 - SECT 12

(1)

Subject to the succeeding provisions of this section:

(a)

the several courts of the States (other than the Northern Territory) are invested with federal jurisdiction; and

(b)

jurisdiction is conferred on the several courts of the Territories and of the Northern Territory;

with respect to offences against this Act.

(2)

The jurisdiction invested in or conferred on courts by the last preceding subsection is invested or conferred within the limits (other than limits having effect by reference to the places at which offences are committed) of their several jurisdictions, whether those limits are as to subject-matter or otherwise, but subject to the conditions and restrictions specified in paragraphs (a), (b) and (c) of subsection (2) of section thirty-nine of the Judiciary Act 1903-1955 .

(3)

The jurisdiction invested in, or conferred on, a court of summary jurisdiction by this section shall not be judicially exercised except by a Judge, a Magistrate, or a District Officer or Assistant District Officer of a Territory.

(4)

The trial on indictment of an offence against this Act, not being an offence committed within a State, may be held in any State or Territory.

(5)

Subject to this Act, the laws of a State or Territory with respect to the arrest and custody of offenders or persons charged with offences and the procedure for:

(a)

their summary conviction;

(b)

their examination and commitment for trial on indictment;

(c)

their 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 proceedings connected therewith;

and for holding accused persons to bail apply, so far as they are applicable, to a person who is charged in that State or Territory with an offence against this Act.

(6)

Except as provided by this section, the Judiciary Act 1903-1955 applies in relation to offences against this Act.

(7)

For the purposes of this section, court of summary jurisdiction includes a court of a Territory sitting as a court for the making of summary orders or the summary punishment of offences under the law of the Territory.

(8)

This section extends to all the Territories not forming part of the Commonwealth.