164Lack of jurisdiction discovered during proceedings

164 Lack of jurisdiction discovered during proceedings

(1)  If a court constituted by a magistrate in the course of any proceedings under this Act, the Justices Act 1959 or the Criminal Code finds that it does not have jurisdiction to hear and determine the proceeding by virtue of this Act, the court may –

(a) remove the proceeding to a court of competent jurisdiction; or

(b) where the court of competent jurisdiction may be constituted by a magistrate, continue to hear and determine the proceeding as the court of competent jurisdiction.

(2)  In removing a proceeding to a court of competent jurisdiction, the court may –

(a) give directions it considers necessary; and

(b) take or make any procedural action or order the court of competent jurisdiction could take or make.