32AEDiscretionary transfer of certain criminal proceedings

#### 32AE Discretionary transfer of certain criminal proceedings (1) This section applies to a proceeding in a court if: (a) all or part of the proceeding is for a corporate crime offence; and (b) the court is the Court or a court of a State or Territory. (2) If it appears to the court (the first court) that it is more appropriate for the proceeding or a part of the proceeding to be determined by another court (the second court) that has jurisdiction to hear and determine the proceedings, the first court may transfer the proceeding or part to the second court. (3) In considering whether to make an order under subsection (2), the first court must have regard to: (a) the interests of justice; and (b) any laws of the State or Territory in which the first court is located that provide for particular courts of that State or Territory to hear and determine the proceeding or part of the proceeding. (4) A court may make an order under subsection (2): (a) on application by the prosecutor; or (b) on its own initiative. (5) If an order is made under subsection (2): (a) the first court may make such orders as it considers necessary pending the disposal of the proceeding or part by the second court; and (b) further proceedings must be as directed by the second court. (6) Without limiting paragraph (5)(b), the second court may order that it proceed as if: (a) the proceeding had been commenced in the second court; and (b) the same or similar steps in the proceeding had been taken in the second court as were taken in the first court; and (c) the orders and directions made by the first court in the proceeding had been made by the second court. (7) An appeal does not lie from a decision of a court in relation to the transfer of a proceeding, or part of a proceeding, under subsection (2). (8) Nothing in this section confers on a court jurisdiction that the court would not otherwise have. (9) In this section: > corporate crime offence means: (a) an indictable offence against the Australian Securities and Investments Commission Act 2001; or (b) an indictable offence against the Corporations Act 2001; or (c) an indictable offence against any of the following provisions of the Criminal Code: (i) Division 70 of Chapter 4 (about bribery of foreign public officials); (ii) Part 7.7 of Chapter 7 (about forgery and related offences); (iii) Part 9.5 of Chapter 9 (about identity crime); (iv) Part 10.2 of Chapter 10 (about money laundering); (v) Part 10.7 of Chapter 10 (about computer offences); (vi) Part 10.8 of Chapter 10 (about financial information offences); (vii) Part 10.9 of Chapter 10 (about accounting records); or (d) an indictable offence against the National Consumer Credit Protection Act 2009; or (e) an indictable offence against a provision of the Superannuation Industry (Supervision) Act 1993 that is administered by the Australian Securities and Investments Commission; or (f) a related summary offence.