Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT 1987 No. 120 of 1987 - SECT 5

5. After section 11 of the Principal Act the following sections are inserted:
Minister may make arrangements with States

"11AAA. 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 Act relating to sittings of the Supreme Court in that State in the
exercise of its criminal jurisdiction. Supreme Court may sit in a State

"11AA. (1) Subject to this section, the Supreme 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) The Supreme 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) The Supreme Court may make an order under subsection (2) at a sittings of
the Court in the Territory or in a State.

"(4) The Supreme Court may make an order under subsection (2) at a sittings of
the Court in a State whether or not the accused is present but, if the accused
is not present, the Court shall only make the order if:

   (a)  the accused is represented; and

   (b)  the Court is satisfied that the accused understands the effect of the
        order.

"(5) Where the Supreme Court makes an order under subsection (2), the Court
may order that:

   (a)  on the warrant of the Registrar, a magistrate of the Territory or such
        other person as the Supreme Court directs (being a person who holds an
        office in relation to the Court), the accused be removed to the place
        specified in the order, and held there, for the purposes of the trial
        of that person and for any related proceedings; and

   (b)  on the summons of the Registrar, all persons required to attend to
        give evidence in the trial or proceedings attend at the place
        specified in the order.

"(6) When exercising its criminal jurisdiction in a State, the Supreme Court
has, and may exercise, all the powers that it would have if it were exercising
its criminal jurisdiction in the Territory.

"(7) A power exercised by the Supreme Court under subsection (6) shall be
deemed to have been exercised by the Court at a sittings of the Court in the
Territory.

"(8) Where the Supreme Court is sitting in a State for the purpose of a trial
in that State, the Court may, if it is satisfied that the interests of justice
require it, order that, for the purpose of viewing a place, or taking evidence
from a person, in the Territory, or for a prescribed purpose:

   (a)  the trial be adjourned for such time as the Court considers reasonable
        and necessary, and be continued in the Territory for so long as is
        necessary for that purpose;

   (b)  on the warrant of the Registrar, the accused be returned to the
        Territory for the purposes of the continuation of the trial and any
        related proceedings; and

   (c)  the jurors empanelled for the trial go to the Territory and remain
        there for such time as the Court directs for the purpose of continuing
        to attend as jurors in the trial.

"(9) A person who appears as a witness in the Supreme Court in a trial, or in
related proceedings, held wholly or partly in a State, shall be paid by the
Commonwealth such fees and allowances as would be payable to the person if the
person had appeared as a witness in a trial held in the Territory.

"(10) Where:

   (a)  the Supreme Court, when exercising its criminal jurisdiction in a
        State, makes an order, issues a warrant or summons or gives a
        judgment;

   (b)  a person fails to comply with that order, warrant, summons or
        judgment; and

   (c)  that failure would have constituted an offence against a law in force
        in the Territory if it had occurred there; the person is guilty of an
        offence against this Act punishable by a penalty that is the same as
        the penalty for the offence referred to in paragraph (c).".