Victorian Consolidated Legislation

Corporations (Victoria) Act 1990 - SECT 55

Jurisdiction of courts

55. Jurisdiction of courts



(1) Subject to this section, the several courts of each State and the Capital
Territory exercising jurisdiction-

   (a)  with respect to-

   (i)  the summary conviction; or

   (ii) the examination and commitment for trial on indictment; or

   (iii) the trial and conviction on indictment- of offenders or persons
        charged with offences against the laws of the State or Capital
        Territory, and with respect to-

   (iv) their sentencing, punishment and release; or

   (v)  their liability to make reparation in connection with their offences;
        or

   (vi) the forfeiture of property in connection with their offences; or

   (vii) the proceeds of their crimes; and

   (b)  with respect to 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 such trial or conviction or any matter of a kind referred to in
        paragraph (a)(iv), (v), (vi) or (vii)- have the equivalent
        jurisdiction with respect to offenders or persons charged with
        offences against the Corporations Law of Victoria.

(2) Where a provision of a law of another State or the Capital Territory
corresponding to subsection (1) is expressed to confer jurisdiction with
respect to offenders or persons who are charged with offences against the
Corporations Law of that State or the Capital Territory upon a court of
Victoria, the court may exercise that jurisdiction.

(3) The jurisdiction conferred by subsection (1) is not to be exercised with
respect to the summary conviction, or examination and commitment for trial, of
any person except by a magistrate.

(4) The jurisdiction conferred by subsection (1) includes jurisdiction in
accordance with provisions of a relevant law of another State or the Capital
Territory, and-





(a) the reference in subsection (1)(b) to "any such trial or conviction"
includes a reference to any conviction or sentencing in accordance with the
provisions of a relevant law; and

   (b)  unless the contrary intention appears, a reference to jurisdiction
        conferred by subsection (1) includes a reference to such included
        jurisdiction.

(5) A person may be dealt with in accordance with a relevant 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.

(6) For the purposes of the application of a relevant law as provided by
subsection (4)-

   (a)  a reference in that law to an indictable offence is taken to include a
        reference to an offence that may be prosecuted on indictment; and

   (b)  in order to determine the sentence that may be imposed on a person by
        a court pursuant to the relevant law, the person is taken to have been
        prosecuted and convicted on indictment in that court.

(7) Subject to subsections (9) and (10), the jurisdiction conferred on a court
of a State or the Capital Territory by subsection (1) is conferred despite any
limits as to locality of the jurisdiction of that court under the law of that
State or of the Capital Territory.



(8) Subject to subsection (9), the jurisdiction conferred on a court of
Victoria by a law of another State or the Capital Territory corresponding to
subsection (1) may be exercised despite any limits as to locality of the
jurisdiction of that court under the law of Victoria.

(9) Where-

   (a)  jurisdiction is conferred on a court of Victoria in relation to the
        summary conviction of persons charged with offences against the
        Corporations Law of this or another jurisdiction by subsection (1) or
        a corresponding provision of a law of another State or of the Capital
        Territory; and

   (b)  the court is satisfied that it is appropriate to 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 another State or the Capital Territory.

(10) The jurisdiction conferred on a court of another State or the Capital
Territory 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
Victoria is conferred only in relation to-

   (c)  offences committed outside Australia; and

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