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Corporations (Aboriginal and Torres Strait Islander) Bill 2006

Part 14-3 Jurisdiction and procedure of courts

Division 586 Civil jurisdiction

Subdivision 586-A Introduction

586-1   Operation of Division

             (1)  This Division deals with:

                     (a)  the jurisdiction of courts in respect of civil matters arising under the Aboriginal and Torres Strait Islander Corporations legislation; and

                     (b)  the jurisdiction of courts in respect of matters arising under the Administrative Decisions (Judicial Review) Act 1977 involving or related to decisions made under the Aboriginal and Torres Strait Islander Corporations legislation by Commonwealth authorities and officers of the Commonwealth; and

                     (c)  the jurisdiction of courts in civil matters in respect of decisions made by officers of the Commonwealth to prosecute persons for offences against the Aboriginal and Torres Strait Islander Corporations legislation and related criminal justice process decisions.

             (2)  This Division operates to the exclusion of:

                     (a)  the Jurisdiction of Courts (Cross-vesting) Act 1987 ; and

                     (b)  section 39B of the Judiciary Act 1903 .

             (3)  This Division does not limit the operation of the provisions of the Judiciary Act 1903 other than section 39B.

             (4)  Without limiting subsection (3), this Division does not limit the operation of subsection 39(2) of the Judiciary Act 1903 in relation to civil matters arising under the Aboriginal and Torres Strait Islander Corporations legislation.

             (5)  Nothing in this Division affects any other jurisdiction of any court.

Subdivision 586-B Conferral of jurisdiction

586-5   Jurisdiction of Federal Court and State and Territory Supreme Courts

             (1)  Jurisdiction is conferred on the Federal Court of Australia with respect to civil matters arising under the Aboriginal and Torres Strait Islander Corporations legislation.

             (2)  Subject to section 9 of the Administrative Decisions (Judicial Review) Act 1977 , jurisdiction is conferred on the Supreme Court of:

                     (a)  each State; and

                     (b)  the Australian Capital Territory; and

                     (c)  the Northern Territory;

with respect to civil matters arising under the Aboriginal and Torres Strait Islander Corporations legislation.

             (3)  Despite section 9 of the Administrative Decisions (Judicial Review) Act 1977 , jurisdiction is conferred on the Supreme Court of:

                     (a)  each State; and

                     (b)  the Australian Capital Territory; and

                     (c)  the Northern Territory;

with respect to matters arising under that Act involving or related to decisions made, or proposed or required to be made, under the Aboriginal and Torres Strait Islander Corporations legislation by a Commonwealth authority or an officer of the Commonwealth.

Note 1:       The Federal Court also has jurisdiction with respect to these matters under that Act.

Note 2:       A Supreme Court may be required to transfer a proceeding with respect to such a matter to the Federal Court (see subsection 586-35(3)).

             (4)  Subsection (3) applies to a decision made, or proposed or required to be made:

                     (a)  whether or not in the exercise of a discretion; and

                     (b)  whether before or after that subsection commences.

             (5)  The jurisdiction conferred on a Supreme Court by subsection (2) or (3) is not limited by any limits to which any other jurisdiction of that Supreme Court may be subject.

             (6)  This section has effect subject to section 586-15.

586-10   Jurisdiction of Family Court and State Family Courts

             (1)  Jurisdiction is conferred on the Family Court with respect to civil matters arising under the Aboriginal and Torres Strait Islander Corporations legislation.

             (2)  Subject to section 9 of the Administrative Decisions (Judicial Review) Act 1977 , jurisdiction is conferred on each State Family Court with respect to civil matters arising under the Aboriginal and Torres Strait Islander Corporations legislation.

             (3)  The jurisdiction conferred on a State Family Court by subsection (2) is not limited by any limits to which any other jurisdiction of the State Family Court may be subject.

             (4)  This section has effect subject to section 586-15.

586-15   Jurisdiction of courts (decisions to prosecute and related criminal justice process decisions made by Commonwealth officers)

             (1)  If a decision to prosecute a person for an offence against the Aboriginal and Torres Strait Islander Corporations legislation has been made by an officer or officers of the Commonwealth and the prosecution is proposed to be commenced in a State or Territory court:

                     (a)  neither the Federal Court nor the Family Court has jurisdiction with respect to any matter in which a person seeks a writ of mandamus or prohibition or an injunction against the officer or officers in relation to that decision; and

                     (b)  jurisdiction with respect to any such matter is conferred on the Supreme Court of the State or Territory in which the prosecution is proposed to be commenced.

             (2)  Subject to subsection (3), at any time when:

                     (a)  a prosecution for an offence against the Aboriginal and Torres Strait Islander Corporations legislation is before a State or Territory court; or

                     (b)  an appeal arising out of such a prosecution is before a State or Territory court;

the following apply:

                     (c)  neither the Federal Court nor the Family Court has jurisdiction with respect to any matter in which the person who is or was the defendant in the prosecution seeks a writ of mandamus or prohibition or an injunction against an officer or officers of the Commonwealth in relation to a related criminal justice process decision;

                     (d)  jurisdiction with respect to any such matter is conferred on the Supreme Court of the State or Territory in which the prosecution or appeal is before a court.

             (3)  Subsection (2) does not apply where a person has applied for a writ of mandamus or prohibition, or an injunction, against an officer or officers of the Commonwealth in relation to a related criminal justice process decision before the commencement of a prosecution for an offence against a law of the Commonwealth, or of a State or a Territory.

             (4)  If subsection (3) applies, the prosecutor may apply to the court for a permanent stay of the proceedings referred to in that subsection and the court may grant such a stay if the court determines that:

                     (a)  the matters that are the subject of the proceedings are more appropriately dealt with in the criminal justice process; and

                     (b)  a stay of proceedings will not substantially prejudice the person.

             (5)  Subsections (1), (2), (3) and (4) have effect despite anything in this Act or in any other law. In particular:

                     (a)  neither this Act, nor any other law, has the effect of giving the Federal Court or the Family Court jurisdiction contrary to subsection (1) or (2); and

                     (b)  neither section 9 of the Administrative Decisions (Judicial Review) Act 1977 , nor any other law, has the effect of removing from the Supreme Court of a State, the Australian Capital Territory or the Northern Territory the jurisdiction given to that Court by subsection (1) or (2).

             (6)  In this section:

appeal includes an application for a new trial and a proceeding to review or call in question the proceedings, decision or jurisdiction of a court or judge.

related criminal justice process decision , in relation to an offence, means a decision (other than a decision to prosecute) made in the criminal justice process in relation to the offence, including:

                     (a)  a decision in connection with the investigation, committal for trial or prosecution of the defendant; and

                     (b)  a decision in connection with the appointment of investigators or inspectors for the purposes of such an investigation; and

                     (c)  a decision in connection with the issue of a warrant, including a search warrant or a seizure warrant; and

                     (d)  a decision requiring the production of documents, the giving of information or the summoning of persons as witnesses; and

                     (e)  a decision in connection with an appeal arising out of the prosecution.

586-20   Jurisdiction of lower courts

             (1)  Subject to section 9 of the Administrative Decisions (Judicial Review) Act 1977 , jurisdiction is conferred on the lower courts of:

                     (a)  each State; and

                     (b)  the Australian Capital Territory; and

                     (c)  the Northern Territory;

with respect to civil matters (other than superior court matters) arising under the Aboriginal and Torres Strait Islander Corporations legislation.

             (2)  The jurisdiction conferred on a lower court by subsection (1):

                     (a)  is subject to the court’s general jurisdictional limits, so far as they relate to:

                              (i)  the amounts; or

                             (ii)  the value of property;

                            with which the court may deal; but

                     (b)  is not subject to the court’s other jurisdictional limits.

586-25   Appeals

             (1)  An appeal may not be instituted from a decision of the Federal Court to:

                     (a)  a State or Territory court; or

                     (b)  the Family Court.

             (2)  An appeal may not be instituted from a decision of a court of the Australian Capital Territory to:

                     (a)  a court of a State or the Northern Territory; or

                     (b)  the Family Court.

             (3)  An appeal may not be instituted from a decision of a court (not being a State Family Court) of a State or the Northern Territory to:

                     (a)  the Federal Court; or

                     (b)  a court of another State or Territory; or

                     (c)  the Family Court; or

                     (d)  a State Family Court of that State.

             (4)  An appeal may not be instituted from a decision of the Family Court to:

                     (a)  the Federal Court; or

                     (b)  a State or Territory court.

             (5)  An appeal may not be instituted from a decision of a State Family Court of a State to:

                     (a)  the Federal Court; or

                     (b)  a court of another State or Territory; or

                     (c)  except in accordance with the law of the State under which the State Family Court is constituted—the Supreme Court of that State.

586-30   Courts to act in aid of each other

                   All courts having jurisdiction in:

                     (a)  civil matters arising under the Aboriginal and Torres Strait Islander Corporations legislation; or

                     (b)  matters referred to in subsection 586-5(3);

and the officers of, or under the control of, those courts must severally act in aid of, and be auxiliary to, each other in all those matters.

Subdivision 586-C Transfer of proceedings

586-35   Transfer of proceedings by the Federal Court and State and Territory Supreme Courts

             (1)  This section applies to a proceeding (the relevant proceeding ) in a court (the transferor court ) if:

                     (a)  the relevant proceeding is:

                              (i)  a proceeding with respect to a civil matter arising under the Aboriginal and Torres Strait Islander Corporations legislation; or

                             (ii)  a subsection 586-5(3) proceeding; and

                     (b)  the transferor court is:

                              (i)  the Federal court; or

                             (ii)  a State or Territory Supreme Court.

             (2)  Subject to subsections (3), (4) and (5), if it appears to the transferor court that, having regard to the interests of justice, it is more appropriate for:

                     (a)  the relevant proceeding; or

                     (b)  an application in the relevant proceeding;

to be determined by another court that has jurisdiction in the matters for determination in the relevant proceeding or application, the transferor court may transfer the relevant proceeding or application to that other court.

             (3)  If:

                     (a)  the relevant proceeding is a subsection 586-5(3) proceeding; and

                     (b)  the transferor court is a State or Territory Supreme Court;

the transferor court must transfer the relevant proceeding to the Federal Court unless the matter for determination in it arises out of, or relates to, another proceeding pending in any court of that State or Territory that:

                     (c)  arises, or a substantial part of which arises, under the Aboriginal and Torres Strait Islander Corporations legislation; and

                     (d)  is not a subsection 586-5(3) proceeding;

regardless of which proceeding was commenced first.

             (4)  Even if subsection (3) does not require a State or Territory Supreme Court to transfer a subsection 586-5(3) proceeding to the Federal Court, it may nevertheless do so if it considers that to be appropriate, having regard to the interests of justice, including the desirability of related proceedings being heard in the same State or Territory.

             (5)  If:

                     (a)  the relevant proceeding is a subsection 586-5(3) proceeding in relation to a matter; and

                     (b)  the transferor court is the Federal Court;

the transferor court may only transfer the relevant proceeding, or an application in the relevant proceeding, to a State or Territory Supreme Court if:

                     (c)  the matter arises out of, or relates to, another proceeding pending in any court of that State or Territory that:

                              (i)  arises, or a substantial part of which arises, under the Aboriginal and Torres Strait Islander Corporations legislation; and

                             (ii)  is not a subsection 586-5(3) proceeding;

                            regardless of which proceeding was commenced first; and

                     (d)  the transferor court considers the transfer to be appropriate, having regard to the interests of justice, including the desirability of related proceedings being heard in the same jurisdiction.

             (6)  Nothing in this section confers on a court jurisdiction that the court would not otherwise have.

             (7)  The fact that some references in this section to the interests of justice include the desirability of related proceedings being heard in the same jurisdiction does not of itself mean that other references to the interests of justice, in this section or elsewhere in this Act, do not include that matter.

586-40   Transfer of proceedings by Family Court and State Family Courts

             (1)  This section applies to a proceeding (the relevant proceeding ) in a court (the transferor court) if:

                     (a)  the relevant proceeding is with respect to a civil matter arising under the Aboriginal and Torres Strait Islander Corporations legislation; and

                     (b)  the transferor court is:

                              (i)  the Family Court of Australia; or

                             (ii)  a State Family Court.

             (2)  If it appears to the transferor court:

                     (a)  that the relevant proceeding arises out of, or is related to, another proceeding pending in:

                              (i)  the Federal Court; or

                             (ii)  another State or Territory court;

                            and that the court in which the other proceeding is pending is the most appropriate court to determine the relevant proceeding; or

                     (b)  that having regard to:

                              (i)  whether, in the transferor court’s opinion, apart from this Division, the relevant proceeding, or a substantial part of it, would have been incapable of being instituted in the transferor court; and

                             (ii)  the extent to which, in the transferor court’s opinion, the matters for determination in the relevant proceeding are matters not within the transferor court’s jurisdiction apart from this Division; and

                            (iii)  the interests of justice;

                            the Federal Court, or another State or Territory court, is the most appropriate court to determine the relevant proceeding; or

                     (c)  that it is otherwise in the interests of justice that the Federal Court, or another State or Territory court, determine the relevant proceeding;

the transferor court must transfer the relevant proceeding to the Federal Court or to that other court.

             (3)  Subject to subsection (2), if it appears to the transferor court:

                     (a)  that the relevant proceeding arises out of, or is related to, another proceeding pending in another court that is:

                              (i)  the Family Court of Australia; or

                             (ii)  a State Family Court;

                            and that has jurisdiction under section 586-10 in the matters for determination in the relevant proceeding and that the other court is the most appropriate court to determine the relevant proceeding; or

                     (b)  that it is otherwise in the interests of justice that the relevant proceeding be determined by another court that is:

                              (i)  the Family Court of Australia; or

                             (ii)  a State Family Court;

                            and that has jurisdiction under section 586-10 in the matters for determination in the relevant proceeding;

the transferor court must transfer the relevant proceeding to the other court.

             (4)  If:

                     (a)  the transferor court transfers the relevant proceeding to another court; and

                     (b)  it appears to the transferor court that:

                              (i)  there is another proceeding pending in the transferor court that arises out of, or is related to, the relevant proceeding; and

                             (ii)  it is in the interests of justice that the other court also determine the other proceeding;

the transferor court must also transfer the other proceeding to the other court.

             (5)  Nothing in this section confers on a court jurisdiction that the court would not otherwise have.

586-45   Transfer of proceedings in lower courts

             (1)  This section applies to a proceeding (the relevant proceeding ) in a court (the transferor court ) if:

                     (a)  the relevant proceeding is with respect to a civil matter arising under the Aboriginal and Torres Strait Islander Corporations legislation; and

                     (b)  the transferor court is a lower court of a State or Territory.

             (2)  If it appears to the transferor court that, having regard to the interests of justice, it is more appropriate for:

                     (a)  the relevant proceeding; or

                     (b)  an application in the relevant proceeding;

to be determined by another court that has jurisdiction in the matters for determination in the relevant proceeding or application, the transferor court may take action under whichever of subsections (3) and (4) applies.

             (3)  If the other court is also a lower court, the transferor court may transfer the relevant proceeding or application to the other court.

             (4)  If the other court is a superior court, the transferor court may:

                     (a)  transfer the relevant proceeding or application to the Supreme Court of the State or Territory of which the transferor court is a court; and

                     (b)  recommend that the relevant proceeding or application be transferred by the Supreme Court to the other court.

             (5)  The Supreme Court is not bound to comply with a recommendation under subsection (4) and it may instead decide:

                     (a)  to deal with the relevant proceeding or application itself; or

                     (b)  to transfer the relevant proceeding or application to some other court (which could be the transferor court).

             (6)  Nothing in this section allows the Supreme Court to transfer the relevant proceeding or application to another court otherwise than in accordance with section 586-35 and the other requirements of this Division.

             (7)  Nothing in this section confers on a court jurisdiction that the court would not otherwise have.

586-50   Further matters for a court to consider when deciding whether to transfer a proceeding

                   In deciding whether to transfer under section 586-35, 586-40 or 586-45 a proceeding or application, a court must have regard to:

                     (a)  the principal place of business of any body corporate concerned in the proceeding or application; and

                     (b)  the place or places where the events that are the subject of the proceeding or application took place; and

                     (c)  the other courts that have jurisdiction to deal with the proceeding or application.

586-55   Transfer may be made at any stage

                   A court may transfer under section 586-35, 586-40 or 586-45 a proceeding or application:

                     (a)  on the application of a party made at any stage; or

                     (b)  of the court’s own motion.

586-60   Transfer of documents

                   If, under section 586-35, 586-40 or 586-45, a court (the transferor court ) transfers a proceeding, or an application in a proceeding, to another court:

                     (a)  the Registrar of the transferor court or other proper officer of the transferor court must transmit to the Registrar of the other court or other proper officer of the other court all documents filed in the transferor court in respect of the proceeding or application, as the case may be; and

                     (b)  the other court must proceed as if:

                              (i)  the proceeding had been originally instituted in the other court; and

                             (ii)  the same proceedings had been taken in the other court as were taken in the transferor court; and

                            (iii)  in a case where an application is transferred—the application had been made in the other court.

586-65   Conduct of proceedings

             (1)  Subject to sections 586-80, 586-85 and 586-90, if it appears to a court that, in determining a matter for determination in a proceeding, the court will, or will be likely to, be exercising jurisdiction to which subsection (3) applies, the rules of evidence and procedure to be applied in dealing with that matter are to be the rules that:

                     (a)  are applied in a superior court in Australia or in an external Territory; and

                     (b)  the court considers appropriate to be applied in the circumstances.

             (2)  If a proceeding is transferred or removed to a court (the transferee court ) from another court (the transferor court ), the transferee court must deal with the proceeding as if, subject to any order of the transferee court, the steps that had been taken for the purposes of the proceeding in the transferor court (including the making of an order), or similar steps, had been taken in the transferee court.

             (3)  This subsection applies to:

                     (a)  jurisdiction conferred on the Federal Court of Australia or the Family Court with respect to civil matters arising under the Aboriginal and Torres Strait Islander Corporations legislation; and

                     (b)  jurisdiction conferred on a court of a State, the Australian Capital Territory or the Northern Territory with respect to matters referred to in subsection 586-5(3).

586-70   Rights of appearance

             (1)  This section applies if a proceeding (the transferred proceeding) in a court (the transferor court ) is transferred to another court (the transferee court) under this Division.

             (2)  A person who is entitled to practise as a barrister or a solicitor, or as both a barrister and a solicitor, in the transferor court has the same entitlements to practise in relation to:

                     (a)  the transferred proceeding; and

                     (b)  any other proceeding out of which the transferred proceeding arises or to which the transferred proceeding is related, being another proceeding that is to be determined together with the transferred proceeding;

in the transferee court that the person would have if the transferee court were a federal court exercising federal jurisdiction.

586-75   Limitation on appeals

                   An appeal does not lie from a decision of a court:

                     (a)  in relation to the transfer of a proceeding under this Division; or

                     (b)  as to which rules of evidence and procedure are to be applied pursuant to subsection 586-65(1).

Subdivision 586-D Rules of court

586-80   Rules of the Federal Court

                   The power to make rules of court conferred by section 59 of the Federal Court of Australia Act 1976 extends to making rules of court:

                     (a)  with respect to proceedings, and the practice and procedure, of the Federal Court of Australia under the Aboriginal and Torres Strait Islander Corporations legislation; and

                     (b)  with respect to any matter or thing that is:

                              (i)  required or permitted by the Aboriginal and Torres Strait Islander Corporations legislation to be prescribed by rules within the meaning of the Aboriginal and Torres Strait Islander Corporations legislation; or

                             (ii)  necessary or convenient to be prescribed by such rules for carrying out or giving effect to the Aboriginal and Torres Strait Islander Corporations legislation; and

                     (c)  without limitation, with respect to costs, and with respect to rules about meetings ordered by the Federal Court of Australia.

586-85   Rules of the Supreme Court

             (1)  The Judges of the Supreme Court of the Australian Capital Territory, or a majority of them, may make rules of court:

                     (a)  with respect to proceedings, and the practice and procedure, of that court under the Aboriginal and Torres Strait Islander Corporations legislation; and

                     (b)  with respect to any matter or thing that is:

                              (i)  required or permitted by the Aboriginal and Torres Strait Islander Corporations legislation to be prescribed by rules within the meaning of the Aboriginal and Torres Strait Islander Corporations legislation; or

                             (ii)  necessary or convenient to be prescribed by such rules for carrying out or giving effect to the Aboriginal and Torres Strait Islander Corporations legislation; and

                     (c)  without limitation, with respect to costs, and with respect to rules as to meetings ordered by that Court.

             (2)  When a lower court of the Australian Capital Territory is exercising jurisdiction with respect to matters arising under the Aboriginal and Torres Strait Islander Corporations legislation, the court must apply the rules of court made under subsection (1), with such alterations as are necessary.

586-90   Rules of the Family Court

                   The power to make rules of court conferred by section 123 of the Family Law Act 1975 extends to making rules of court:

                     (a)  with respect to proceedings, and the practice and procedure, of the Family Court under the Aboriginal and Torres Strait Islander Corporations legislation; and

                     (b)  with respect to any matter or thing that is:

                              (i)  required or permitted by the Aboriginal and Torres Strait Islander Corporations legislation to be prescribed by rules within the meaning of the Aboriginal and Torres Strait Islander Corporations legislation; or

                             (ii)  necessary or convenient to be prescribed by such rules for carrying out or giving effect to the Aboriginal and Torres Strait Islander Corporations legislation; and

                     (c)  without limitation, with respect to costs, and with respect to rules about meetings ordered by the Family Court.



 

Division 589 Criminal jurisdiction

589-1   Operation of Division

             (1)  This Division provides in relation to the jurisdiction of courts in respect of criminal matters arising under the Aboriginal and Torres Strait Islander Corporations legislation and so provides to the exclusion of sections 68, 70 and 70A of the Judiciary Act 1903 .

             (2)  This Division does not limit the operation of the provisions of the Judiciary Act 1903 other than sections 68, 70 and 70A.

             (3)  Without limiting subsection (2), this Division does not limit the operation of subsection 39(2) of the Judiciary Act 1903 in relation to criminal matters arising under the Aboriginal and Torres Strait Islander Corporations legislation.

589-5   Jurisdiction of courts

             (1)  Subject to this section, the several courts of each State, the Australian Capital Territory and the Northern 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, the Australian Capital Territory or the Northern 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 subparagraph (a)(iv), (v), (vi) or (vii);

have the equivalent jurisdiction with respect to offenders or persons charged with offences against the Aboriginal and Torres Strait Islander Corporations legislation.

             (2)  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.

             (3)  The jurisdiction conferred by subsection (1) includes jurisdiction in accordance with provisions of a relevant law of a State, the Australian Capital Territory or the Northern Territory, and:

                     (a)  the reference in paragraph (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.

             (4)  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.

             (5)  For the purposes of the application of a relevant law as provided by subsection (3):

                     (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.

             (6)  Subject to subsection (8), the jurisdiction conferred on a State or Territory court by subsection (1) is conferred despite any limits as to locality of the jurisdiction of that court under the law of that State or Territory.

             (7)  If:

                     (a)  jurisdiction is conferred on a State or Territory court in relation to the summary conviction of persons charged with offences against the Aboriginal and Torres Strait Islander Corporations legislation by subsection (1); 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 Territory.

             (8)  The jurisdiction conferred on a court of a State or the Northern 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 Aboriginal and Torres Strait Islander Corporations legislation is conferred only in relation to:

                     (c)  offences committed outside Australia; and

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

             (9)  In this section:

appeal includes an application for a new trial and a proceeding to review or call in question the proceedings, decision or jurisdiction of a court or judge.

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.

589-10   Laws to be applied

                   Subject to this Division, the laws of a State, the Australian Capital Territory or the Northern Territory respecting:

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

                     (b)  the procedure in the State or Territory for:

                              (i)  the summary conviction; and

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

                            (iii)  the trial and conviction on indictment; and

                            (iv)  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, including the procedure for holding accused persons to bail; and

                     (c)  the rules of evidence applied in criminal procedure in the State or Territory in relation to such persons;

apply in the State or Territory, so far as they are applicable, to persons who are charged with offences against the Aboriginal and Torres Strait Islander Corporations legislation.