Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) an offence referred to in subsection 68(1) is an indictable offence; and
(b) the Federal Court of Australia (the Federal Court ) has jurisdiction to try a person on indictment for the offence; and
(c) proceedings commence in the Federal Court in relation to the offence that are:
(i) indictable primary proceedings (within the meaning of the Federal Court of Australia Act 1976 ) ( primary proceedings ); or
(ii) criminal appeal proceedings (within the meaning of that Act) that relate to primary proceedings; or
(iii) proceedings under section 30CA of that Act that relate to primary proceedings; or
(iv) proceedings under section 30CB of that Act that relate to primary proceedings; or
(v) proceedings referred to the Federal Court under section 20B of the Crimes Act 1914 (as that section applies because of subsection 68A(6)).
The State or Territory in which trial proceedings must be heard
(2) If the proceedings are primary proceedings that:
(a) are to include either the person, the prosecutor or both appearing before the Federal Court in accordance with an order of a court of a State or Territory committing the person for trial on indictment before the Court for the offence; or
(b) if paragraph (a) does not apply--include the filing in the Federal Court, in a State or Territory, of an indictment against the person for the offence;
the Federal Court must hear the proceedings in that State or Territory unless and until the Federal Court makes an order under subsection (3).
Note: The place in which any other proceedings are to be heard is a matter for the Court.
(3) If the proceedings are covered by subsection (2), the Federal Court may, before the jury is empanelled for the trial, make an order specifying the State or Territory in which the Federal Court will hear the proceedings.
(4) Subsections (2) and (3) have effect subject to section 80 of the Constitution and sections 70 and 70A.
Which State's or Territory's laws are to apply?
(5) The laws to be applied under subsection 68(1) in relation to the proceedings are those referred to in the following table:
Laws applicable in relation to the proceedings | ||
Item | If the proceedings are ... | the laws to be applied are ... |
1 | primary proceedings (other than proceedings for the sentencing of the person following a trial in the Federal Court) | the laws of the State or Territory in which the Federal Court hears the proceedings. |
2 | primary proceedings for the sentencing of the person following a trial in the Federal Court | the laws of the State or Territory applying in relation to the trial at the end of the trial. |
3 | appeal proceedings covered by subparagraph (1)(c)(ii) | the laws of the State or Territory applying in relation to the corresponding primary proceedings at the end of those primary proceedings. |
4 | proceedings covered by subparagraph (1)(c)(iii) in relation to a case stated, or question reserved, by a court | the laws of the State or Territory applying in the proceedings during which the court stated the case or reserved the question. |
5 | proceedings covered by subparagraph (1)(c)(iv) | the laws of the State or Territory applying in relation to the corresponding primary proceedings at the end of those primary proceedings. |
6 | proceedings covered by subparagraph (1)(c)(v) as a result of a referral by a court | the laws of the State or Territory applying in the proceedings during which the court made the referral. |
What those laws include
(6) The laws of that State or Territory are taken:
(a) to include the Rules of the Supreme Court of that State or Territory that apply in relation to criminal proceedings; and
(b) not to include the Rules of any other court of that State or Territory.
How those laws apply
(7) The laws of that State or Territory apply as if any reference in those laws to the Supreme Court of that State or Territory, and any reference to a court that includes a reference to the Supreme Court of that State or Territory, were a reference to the Federal Court.
(8) The laws of that State or Territory apply to the proceedings only to the extent to which they are:
(a) not inconsistent with the laws of the Commonwealth; and
(b) not inconsistent with the Rules of the Federal Court.