South Australian Consolidated Acts South Australian Consolidated Acts (1) Subject to this
section, the Court will have the jurisdiction (including the jurisdiction to
try a charge of an offence) conferred on it by or under this or any other Act.
(1a) The Court does
not have jurisdiction in respect of major indictable offences.
(2) The regulations
may confer on the Court jurisdiction in respect of summary or minor indictable
offences against a specified Act or statutory provision.
(3) If jurisdiction is
conferred on the Court under this or any other Act in respect of a summary or
minor indictable offence, any proceedings for the offence must be commenced in
the Court.
(3a) The Court will
deal with a charge of a summary offence or a minor indictable offence in the
same way as the Magistrates Court deals with such a charge (and in accordance
with the procedures that would apply if the Magistrates Court were dealing
with such a charge) and the Summary Procedure Act 1921 applies to the
Court subject to any additions, exclusions or modifications prescribed by the
regulations as if references to the Magistrates Court extended to the Court.
(3b) For the avoidance
of doubt, if a person charged with a minor indictable offence elects, in
accordance with the Summary Procedure Act 1921 , for trial in a superior
court, the Court must commit the defendant for trial by jury in the District
Court.
(4) Where proceedings
for a minor indictable offence are brought in the Court—
(a) the
Court cannot impose a fine that exceeds the maximum fixed by the relevant Act
or $300 000 (whichever is the lesser); and
(b) the
Court cannot impose a sentence of imprisonment that exceeds the maximum fixed
by the relevant Act or two years (whichever is the lesser).
(5) If the Court is of
the opinion in any particular case that a sentence should be imposed that
exceeds the limits prescribed by subsection (4), the Court may remand the
defendant to appear for sentence before the District Court.