55Jurisdiction 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)](#GS55@Gs1@Hpa@EN) [(iv)](#GS55@Gs1@Hpa@Hqiv@EN) , [(v)](#GS55@Gs1@Hpa@Hqv@EN) , [(vi)](#GS55@Gs1@Hpa@Hqvi@EN) or [(vii)](#GS55@Gs1@Hpa@Hqvii@EN)  – > > > > have the equivalent jurisdiction with respect to offenders or persons charged with offences against the Corporations Law of Tasmania. > > > (2)  Where a provision of a law of another State or the Capital Territory corresponding to [subsection (1)](#GS55@Gs1@EN) 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 Tasmania, the court may exercise that jurisdiction. > > > (3)  The jurisdiction conferred by [subsection (1)](#GS55@Gs1@EN) 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)](#GS55@Gs1@EN) includes jurisdiction in accordance with provisions of a relevant law of another State or the Capital Territory, and  – > > > > > > (a) the reference in [subsection (1)](#GS55@Gs1@EN) [(b)](#GS55@Gs1@Hpb@EN) 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)](#GS55@Gs1@EN) 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)](#GS55@Gs4@EN)  – > > > > > > (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)](#GS55@Gs9@EN) and [(10)](#GS55@Gs10@EN) , the jurisdiction conferred on a court of a State or the Capital Territory by [subsection (1)](#GS55@Gs1@EN) 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)](#GS55@Gs9@EN) , the jurisdiction conferred on a court of Tasmania by a law of another State or the Capital Territory corresponding to [subsection (1)](#GS55@Gs1@EN) may be exercised despite any limits as to locality of the jurisdiction of that court under the law of Tasmania. > > > (9)  Where – > > > > > > (a) jurisdiction is conferred on a court of Tasmania in relation to the summary conviction of persons charged with offences against the Corporations Law of this or another jurisdiction by [subsection (1)](#GS55@Gs1@EN) 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)](#GS55@Gs1@EN) 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 Tasmania 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.