Western Australian Current Acts Western Australian Current Acts (1) In this section,
unless the contrary intention appears —
jurisdictional error , in relation to a charge
against a person being dealt with by a court, means an error of fact or law
that is material to whether the court has jurisdiction to deal with the
charge.
(2) If a court that
does not have jurisdiction to deal with a charge against a person determines
the charge as a result of a jurisdictional error —
(a) the
court’s determination has full force and effect; and
(b)
anything done as a result of the determination is lawful.
(3) If a court that
does not have jurisdiction to deal with a charge against a person determines a
charge as mentioned in subsection (2), a party to the prosecution or the
Attorney General may apply to —
(a) that
court; or
(b) if
the determination is subject to an appeal, the court dealing with the appeal,
for an order varying
or setting aside the determination.
(4) The court to which
such an application is made may either —
(a)
refuse the application; or
(b) vary
the determination and any sentence imposed or other order made as a result of
the determination; or
(c) set
aside the determination and any sentence imposed or other order made as a
result of the determination and order the prosecution to be sent to and dealt
with by a court that does have jurisdiction to deal with the charge against
the person,
and may make any
necessary consequential orders.
(5) If a court is
dealing with an appeal in relation to the determination, subsection (4) is in
addition to the court’s powers on the appeal.
[Section 169 inserted: No. 2 of 2008 s. 28.]