519Circumstances in which Koori Court (Criminal Division) may deal with certain offences

519 Circumstances in which Koori Court (Criminal Division) may deal with certain offences S. 519(1) amended by No. 68/2009 s. 74(b). (1) The Koori Court (Criminal Division) only has jurisdiction to deal with a proceeding for an offence (other than an offence constituted by a breach of a sentence imposed by it) if— (a) the child is Aboriginal; and (b) the offence is within the jurisdiction of the Criminal Division, other than a sexual offence as defined in section 6B(1) of the **Sentencing Act 1991**; and (c) the child— (i) intends to plead guilty to the offence; or (ii) pleads guilty to the offence; or S. 519(1)(c)(iii) amended by No. 43/2017 s. 63(1). (iii) has been found guilty of the offence by the Criminal Division; or S. 519(1)(c)(iv) inserted by No. 43/2017 s. 63(2). (iv) intends to consent to the adjournment of the proceeding under section 356D to enable the child to participate in a diversion program; and (d) the child consents to the proceeding being dealt with by the Koori Court (Criminal Division). (2) Subject to and in accordance with the rules— (a) a proceeding may be transferred to the Koori Court (Criminal Division), whether sitting at the same or a different venue; and (b) the Koori Court (Criminal Division) may transfer a proceeding (including a proceeding transferred to it under paragraph (a)) to the Criminal Division, whether sitting at the same or a different venue. (3) Despite anything to the contrary in this Act, if a proceeding is transferred from one venue of the Court to another, the transferee venue is the proper venue of the Court for the purposes of this Act.