Western Australia: Corporations (Western Australia) Act 1990 (WA)

Western Australia Corporations (Western Australia) Act 1990 Western Australia Corporations (Western Australia) Act 1990 Contents Part 1 — Preliminary 1. Short title and purposes 2 2. Commencement 2 3. Terms used 2 4. Australian Capital Territory 6 5. This Act and applicable provisions of Western Australia not to be affected by later State laws 6 6. Operation of other Western Australian laws 6 Part 2 — The Corporations Law, and the Corporations Regulations, of Western Australia 7. Application in Western Australia of Corporations Law 7 8. Application of regulations 7 9. Terms used in Corporations Law, and Corporations Regulations, of Western Australia 8 10. Interpretation law 8 Part 3 — Citing the Corporations Law and the Corporations Regulations 11. Simpler citation of Corporations Law, and Corporations Regulations, of Western Australia 10 12. References to Corporations Law, and Corporations Regulations, of other jurisdictions 10 13. References to Corporations Law, and Corporations Regulations 11 Part 4 — Application of the Corporations Law to the Crown 14. Interpretation 13 15. Corporations Law of Western Australia 13 16. Corporations Law of other jurisdictions 13 17. Crown not liable to prosecution 13 18. This Part overrides the prerogative 14 Part 5 — Application orders 19. Commonwealth Minister to obtain consent of State Minister 15 20. Application orders for ASIC Law 15 Part 7 — Imposition of fees 22. Fees for chargeable matters 16 23. Contributions and levies for fidelity funds of securities exchanges 16 24. Levies for National Guarantee Fund 16 25. Contributions and levies for fidelity funds of futures organisations 16 Part 8 — National administration and enforcement of the Corporations Law Division 1 — Preliminary 26. Object 18 27. Effect of Part 18 Division 2 — Offences against applicable provisions 28. Object 18 29. Application of Commonwealth laws in relation to offences against applicable provisions 19 30. Application of Commonwealth laws in relation to offences against applicable provisions of other jurisdictions 20 31. Functions and powers conferred on Commonwealth authorities 20 32. Reference in Commonwealth law to provision of another law 21 Division 3 — Administrative law 34. Object 22 35. Application of Commonwealth administrative laws in relation to applicable provisions 22 36. Application of Commonwealth administrative laws in relation to applicable provisions of other jurisdictions 23 37. Functions and powers conferred on Commonwealth authorities 23 38. Reference in Commonwealth administrative law to provision of another law 24 Part 9 — Jurisdiction and procedure of courts Division 1 — Vesting and cross‑vesting of civil jurisdiction 40. Operation of Division 25 41. Terms used 25 42. Jurisdiction of State and Territory Supreme Courts 27 42A. Jurisdiction of State Family Courts 28 42B. Jurisdiction of lower courts 28 43. Appeals 29 44. Transfer of proceedings 30 44A. Transfer of proceedings by Family Court and State Family Courts 30 44AA. Transfer of proceedings in lower courts 32 44B. Further matters for court to consider when deciding whether to transfer proceeding 33 44C. Transfer may be made at any stage 33 44D. Transfer of documents 33 45. Conduct of proceedings 34 46. Courts to act in aid of each other 35 47. Exercise of jurisdiction pursuant to cross‑vesting provisions 35 48. Rights of appearance 36 49. Limitation on appeals 36 50. Enforcement of judgments etc. 37 51. Rules of Supreme Court 37 52. Rules of Federal Court 39 52A. Rules of Family Court or State Family Court 39 52B. Rules of Family Court of Western Australia 40 Division 2 — Vesting and cross‑vesting of criminal jurisdiction 53. Operation of Division 41 54. Interpretation and term used: magistrate 41 55. Jurisdiction of courts 42 56. Laws to be applied 45 Part 10 — Companies Liquidation Account 57. Companies Liquidation Account 48 Part 11 — The ASIC Law, and the ASIC Regulations, of Western Australia Division 1 — Application of ASIC Act and ASIC Regulations 58. Application in Western Australia of ASIC Act 49 59. Application of regulations 50 60. Terms used 50 61. Giving information 56 62. Interpretation law 56 Division 2 — Citing the ASIC Law and the ASIC Regulations 63. Alternative citations of ASIC Law, and ASIC Regulations, of Western Australia 57 64. References to ASIC Law, and ASIC Regulations, of another jurisdiction 58 65. References to ASIC Law and ASIC Regulations 58 Division 3 — The Commission 66. Conferral of functions and powers on Commission 60 68. Conferral of other functions and powers for purposes of law in Western Australia 60 Division 4 — The Panel 70. Conferral of functions and powers on Panel 60 Division 5 — The Disciplinary Board 71. Conferral of functions and powers on Disciplinary Board 61 Division 6 — Miscellaneous 72. Acting appointments 61 73. Alteration of names and constitutions 61 74. Application of Commonwealth Crimes Act 62 75. Application of Commonwealth Evidence Act 63 Part 12 — General Division 1 — Arrangements 76. Term used: relevant State law 64 77. Arrangements relating to applicable provisions 64 78. Notice of arrangement 65 Division 2 — Penalties and fines 79. Application of penalties and fines 65 Division 3 — Regulations 80. Regulations 65 Part 13 — Transitional Division 1 — Staff 81. Information previously acquired 67 82. Staff 67 83. Election to continue in State superannuation scheme 68 Division 2 — Co‑operative scheme laws 84. Co‑operative scheme laws 69 85. National scheme laws prevail over co‑operative scheme laws 70 86. Regulations may exclude residual operation of co‑operative scheme laws 71 87. Effect of sections 85 and 86 71 88. Regulations may modify co‑operative scheme laws 71 89. Co‑operative scheme laws not affected by certain Commonwealth regulations 72 90. References to co‑operative scheme laws and regulations 72 91. Conferral of functions and powers in relation to co‑operative scheme laws 74 92. Arrangements affecting exercise of investigation powers by State authorities and officers 75 Division 4 — Australian Stock Exchange Limited 94. Saving of provisions about Australian Stock Exchange Limited 76 Division 5 — Companies Auditors and Liquidators Disciplinary Board 95. Board to continue in existence for certain purposes 77 Division 6 — Amending Acts 95A. Savings and transitional provisions for amending Acts 77 Division 7 — Functions of Commonwealth authorities and officers of the Commonwealth 95B. Terms used 77 95C. Functions of Commonwealth authorities and officers of the Commonwealth 78 Part 14 — Provisions affecting Corporations Law 96. Certain transfers by companies not to constitute reduction of share capital 79 Part 16 — Special provisions for Western Australia 99. Further application of Part 5.1 of Corporations Law 80 Schedule 1 Savings and transitional provisions 1. Terms used 81 2. Application of jurisdiction amendments — general 81 3. Effect of decision that court did not have jurisdiction 81 4. Effect of absence of decision that court did not have jurisdiction 82 Notes Compilation table 83 Uncommenced provisions table 84 Other notes 84 Defined terms Western Australia Corporations (Western Australia) Act 1990 An Act to apply certain provisions of laws of the Commonwealth relating to corporations, the securities industry and the futures industry as laws of Western Australia and for other purposes. Part 1 — Preliminary 1. Short title and purposes (1) This Act may be cited as the Corporations (Western Australia) Act 1990. (2) The purposes of this Act are — (a) to apply certain provisions of the Corporations Act 1989 1 of the Commonwealth and the Australian Securities and Investments Commission Act 1989 2 of the Commonwealth and of regulations under those Acts as laws of Western Australia; and (b) to apply certain other laws of the Commonwealth as laws of Western Australia for the purpose of the administration and enforcement of the law relating to corporations, the securities industry, the futures industry and some other matters. [Section 1 amended: No. 26 of 1999 s. 68(2).] 2. Commencement This Act shall come into operation on 1 January 1991. 3. Terms used (1) In this Act, unless the contrary intention appears — applicable provision, in relation to a jurisdiction, means a provision of — (a) the Corporations Law, or Corporations Regulations, of that jurisdiction; or (b) the ASIC Law, or ASIC Regulations, of that jurisdiction; or (c) in the case of the Capital Territory — a Commonwealth law as applying, of its own force or because of another Commonwealth law, in relation to — (i) an offence against; or (ii) an act, matter or thing arising under or in respect of — a provision that, because of any other application or applications of this definition, is an applicable provision of the Capital Territory or any other jurisdiction; or (d) in the case of a jurisdiction other than the Capital Territory — a Commonwealth law as applying, because of a law of that jurisdiction, in relation to — (i) an offence against; or (ii) an act, matter or thing arising under or in respect of — a provision that, because of any other application or applications of this definition, is an applicable provision of that or any other jurisdiction; ASIC Act means the Australian Securities and Investments Commission Act 1989 2 of the Commonwealth; ASIC Law has the meaning given by Part 11; ASIC Law of Western Australia means the provisions applying by reason of section 58; ASIC Regulations has the meaning given by Part 11; ASIC Regulations of Western Australia means the provisions applying by reason of section 59; authority, in relation to the Commonwealth, has the same meaning as in Part 8 of the Corporations Act; Capital Territory means the Australian Capital Territory and the Jervis Bay Territory; Commission means the Australian Securities and Investments Commission established by the ASIC Act; Commonwealth administrative laws means the following: (a) the Administrative Appeals Tribunal Act 1975 of the Commonwealth; [(b) deleted] (c) the Freedom of Information Act 1982 of the Commonwealth; (d) the Ombudsman Act 1976 of the Commonwealth; (e) the Privacy Act 1988 of the Commonwealth — and the provisions of the regulations in force for the time being under those Acts; Commonwealth law means any of the written or unwritten laws of the Commonwealth, including laws about the exercise of prerogative powers, rights and privileges, other than the Corporations Law of the Capital Territory, the ASIC Law of the Capital Territory or provisions prescribed, for the purposes of the definition of Commonwealth law in section 4 of the Corporations Act, by regulations under section 73 of the Corporations Act; Commonwealth Minister has the meaning given to the Minister by section 80A(2) of the Corporations Law; co‑operative scheme law has the meaning given by section 84; Corporations Act means the Corporations Act 1989 1 of the Commonwealth; Corporations Law has the meaning given by Part 3; Corporations Law of Western Australia means the provisions applying by reason of section 7; Corporations Regulations has the meaning given by Part 3; Corporations Regulations of Western Australia means the provisions applying by reason of section 8; corresponding law means — (a) an Act of a jurisdiction (other than Western Australia) that corresponds to this Act; or (b) regulations made under such an Act; or (c) the Corporations Law, Corporations Regulations, ASIC Law, or ASIC Regulations, or any other applicable provision, of such a jurisdiction; or (d) rules of court made because of such an Act; Federal Court means the Federal Court of Australia; jurisdiction means a State or the Capital Territory; law in relation to the Capital Territory, means a law of or in force in the Capital Territory; Minister for this jurisdiction means the Minister; modifications includes additions, omissions and substitutions; national scheme law has the meaning given by section 60; national scheme law of this jurisdiction means: (a) this Act; or (b) the Corporations Law of Western Australia; or (c) the ASIC Law of Western Australia; NCSC means the National Companies and Securities Commission; officer, in relation to the Commonwealth, has the same meaning as in Part 8 of the Corporations Act; State includes the Northern Territory; State Family Court, in relation to a State, means a court of that State to which section 41 of the Family Law Act 1975 of the Commonwealth applies because of a proclamation made under section 41(2) of that Act; Territory does not include the Northern Territory; this jurisdiction means Western Australia. (2) In this Act, a reference to a Commonwealth Act includes a reference to — (a) that Commonwealth Act as amended and in force for the time being; and (b) an Act passed in substitution for that Act. [Section 3 amended: No. 51 of 1991 s. 4 and 5; No. 26 of 1999 s. 68(2), (3) and (4); No. 32 of 2001 s. 7; No. 45 of 2004 s. 37.] 4. Australian Capital Territory For the purposes of the national scheme laws of this jurisdiction, the Jervis Bay Territory is taken to be part of the Australian Capital Territory. 5. This Act and applicable provisions of Western Australia not to be affected by later State laws (1) An Act enacted, or an instrument made under an Act, after the commencement of this section is not to be interpreted as amending or repealing, or otherwise altering the effect or operation of, this Act or the applicable provisions of Western Australia. (2) Subsection (1) does not affect the interpretation of an Act, or of an instrument made under an Act, so far as that Act provides expressly for that Act or instrument, as the case may be, to have effect despite a specified provision, or despite any provision, of this Act or the applicable provisions of Western Australia. 6. Operation of other Western Australian laws Except as otherwise provided in this Act, nothing in this Act or the applicable provisions of Western Australia affects the operation after the commencement of this section of an Act enacted before that commencement or of an instrument made under such an Act. Part 2 — The Corporations Law, and the Corporations Regulations, of Western Australia 7. Application in Western Australia of Corporations Law The Corporations Law set out in section 82 of the Corporations Act as in force immediately before the repeal of that section — (a) applies as a law of Western Australia; and (b) as so applying, may be referred to as the Corporations Law of Western Australia. [Section 7 amended: No. 8 of 2001 s. 30(2).] 8. Application of regulations (1) The regulations in force immediately before the repeal of the Corporations Act, under section 22 of that Act — (a) apply as regulations in force for the purposes of the Corporations Law of Western Australia; and (b) as so applying, may be referred to as the Corporations Regulations of Western Australia. (2) Subject to subsection (3) of this section, where regulations under section 22 of the Corporations Act take effect from a specified day that is earlier than the day when they are notified in the Commonwealth of Australia Gazette under section 48(1) of the Acts Interpretation Act 1901 of the Commonwealth, subsection (1) of this section has effect, and is taken always to have had effect, as if those regulations had taken effect under the Corporations Act from the specified day. (3) To the extent that a provision of the Corporations Regulations of Western Australia is taken because of a particular application of subsection (2) to have effect, or to have had effect, before the day of notification of the regulations referred to in that subsection, the provision does not operate so as to — (a) affect a private person's rights as at that day so as to disadvantage that person; or (b) impose a liability on a private person in respect of anything done or omitted to be done before that day. (4) In subsection (3) — private person means a person other than — (a) the Commonwealth, a State or the Capital Territory; or (b) an authority of the Commonwealth, of a State or of the Capital Territory. (5) Subsection (3) does not affect any other operation that the provision has because of subsection (2) or otherwise. [Section 8 amended: No. 8 of 2001 s. 30(3).] 9. Terms used in Corporations Law, and Corporations Regulations, of Western Australia In the Corporations Law, and the Corporations Regulations, of Western Australia — the Minister for this jurisdiction means the Minister; this jurisdiction means Western Australia. 10. Interpretation law (1) Subject to Part 1.2 of the Corporations Law of Western Australia, the Acts Interpretation Act 1901 of the Commonwealth as in force at the commencement of section 8 of the Corporations Act, applies as a law of Western Australia in relation to the Corporations Law, and the Corporations Regulations, of Western Australia and any instrument made, granted or issued under that Law or those Regulations (other than application orders under section 111A of that Law) and so applies as if that Law were an Act of the Commonwealth and those Regulations or instruments were regulations or instruments made under such an Act. (2) The Interpretation Act 1984 does not apply in relation to the Corporations Law, or the Corporations Regulations, of Western Australia or an application order or any other instrument made, granted or issued under that Law or those Regulations. Part 3 — Citing the Corporations Law and the Corporations Regulations 11. Simpler citation of Corporations Law, and Corporations Regulations, of Western Australia (1) The Corporations Law of Western Australia may be referred to simply as the Corporations Law. (2) The Corporations Regulations of Western Australia may be referred to simply as the Corporations Regulations. (3) This section has effect subject to section 13. 12. References to Corporations Law, and Corporations Regulations, of other jurisdictions (1) This section has effect for the purposes of an Act, a law of Western Australia or an instrument made under an Act or under such a law. (2) Where a law of a jurisdiction other than Western Australia that corresponds to section 7 of this Act provides that the Corporations Law set out in section 82 of the Corporations Act applies as law of that jurisdiction, the Corporations Law of that jurisdiction is the Corporations Law so set out, applying as law of that jurisdiction. (3) Where a law of a jurisdiction other than Western Australia that corresponds to section 8 of this Act provides that the regulations under section 22 of the Corporations Act apply for the purposes of the Corporations Law of that jurisdiction, the Corporations Regulations of that jurisdiction are those regulations as so applying. [Section 12 amended: No. 8 of 2001 s. 30(4) and (5).] 13. References to Corporations Law, and Corporations Regulations (1) The object of this section is to help ensure that the Corporations Law of Western Australia operates, so far as possible, as if that Law, together with the Corporations Law of each jurisdiction other than Western Australia, constituted a single national Corporations Law applying of its own force throughout Australia. (2) Subject to this section, a reference in an instrument to the Corporations Law, or to the Corporations Regulations, is to be taken, for the purposes of the laws of Western Australia — (a) to be a reference to the Corporations Law, or to the Corporations Regulations, of Western Australia; and (b) to include a separate reference to the Corporations Law, or to the Corporations Regulations, of each jurisdiction other than Western Australia. (3) Subsection (2) has effect except so far as the contrary intention appears in the instrument, or the context of the reference otherwise requires. (4) Without limiting subsection (3), subsection (2) does not apply in relation to a reference expressed as a reference to the Corporations Law, or to the Corporations Regulations, of a jurisdiction. (5) In this section — instrument means — (a) an Act or an instrument made under an Act; or (b) a law of Western Australia or an instrument made under such a law; or (c) an award or other industrial determination or order, or an industrial agreement; or (d) any other order (whether executive, judicial or otherwise); or (e) a notice, certificate or licence; or (f) an agreement; or (g) an application made, information laid, affidavit sworn, or warrant issued, for any purpose; or (h) an indictment, presentment, summons or writ; or (i) any other pleading in, or process issued in connection with, a legal or other proceeding; or (j) any other document whatever. Part 4 — Application of the Corporations Law to the Crown 14. Interpretation To avoid doubt, a reference in this Part to the Crown in a particular right includes a reference to an instrumentality or agency (whether a body corporate or not) of the Crown in that right. 15. Corporations Law of Western Australia (1) Chapter 5 (except Part 5.8) of the Corporations Law of Western Australia binds the Crown not only in right of the State of Western Australia but also, so far as the legislative power of the Parliament permits, the Crown in right of the Commonwealth, of each of the other States, of the Capital Territory, of the Northern Territory and of Norfolk Island. (2) To avoid doubt, Chapter 7 of the Corporations Law of Western Australia does not bind the Crown in right of the State of Western Australia, of the Commonwealth, of any other State, of the Capital Territory, of the Northern Territory or of Norfolk Island. 16. Corporations Law of other jurisdictions Chapter 5 (except Part 5.8) of the Corporations Law of each jurisdiction other than Western Australia binds the Crown in right of the State of Western Australia. 17. Crown not liable to prosecution Nothing in this Part, or in the Corporations Law, renders the Crown in any right liable to be prosecuted for an offence. 18. This Part overrides the prerogative Where, because of this Part, a provision of a law of another jurisdiction binds the Crown in right of the State of Western Australia, the Crown in that right is subject to that provision despite any prerogative right or privilege. Part 5 — Application orders 19. Commonwealth Minister to obtain consent of State Minister Despite Part 1.3 of the Corporations Law of Western Australia and section 20 of this Act, the Commonwealth Minister may only make an order under section 111A of that Law, or that section as applying because of section 20 of this Act, with the consent of the Minister for this jurisdiction. 20. Application orders for ASIC Law Part 1.3 of the Corporations Law of Western Australia applies for the purposes of the ASIC Law of Western Australia as if the provisions of the ASIC Law of Western Australia were provisions of the Corporations Law of Western Australia. [Section 20 amended: No. 26 of 1999 s. 68(4).] [Part 6 deleted: No. 26 of 1999 s. 68(5).] Part 7 — Imposition of fees 22. Fees for chargeable matters This section imposes the fees that the Corporations Regulations of Western Australia prescribe, except to the extent that they are taxes. 23. Contributions and levies for fidelity funds of securities exchanges (1) This section imposes — (a) the contribution payable under section 902(1) of the Corporations Law of Western Australia by a person who wishes to be admitted to membership of a securities exchange, or to a partnership in a member firm recognized by a securities exchange; and (b) the annual contribution payable under section 902(2) of that Law by a member of a securities exchange; and (c) any levy payable under section 904 of that Law by a member of a securities exchange — except to the extent that it is a tax. (2) An expression has in subsection (1) the meaning it would have if this section were in Part 7.9 of the Corporations Law of Western Australia. 24. Levies for National Guarantee Fund This section imposes any levy that is payable under section 938, 940 or 941 of the Corporations Law of Western Australia, except to the extent that it is a tax. 25. Contributions and levies for fidelity funds of futures organisations (1) This section imposes — (a) the contribution payable under section 1234(1) of the Corporations Law of Western Australia by a person who wishes to be admitted to membership of a futures organisation; and (b) the annual contribution payable under section 1234(2) of that Law by a contributing member of a futures organisation; and (c) any levy payable under section 1235 of that Law by a contributing member of a futures organisation — except to the extent that it is a tax. (2) An expression has in subsection (1) the meaning it would have if this section were in Part 8.6 of the Corporations Law of Western Australia. Part 8 — National administration and enforcement of the Corporations Law Division 1 — Preliminary 26. Object The object of this Part is to help ensure that — (a) the Corporations Law of Western Australia, and the Corporations Law of each jurisdiction other than Western Australia, are administered and enforced on a national basis, in the same way as if those Laws constituted a single law of the Commonwealth; and (b) the ASIC Law of Western Australia, and the ASIC Law of each jurisdiction other than Western Australia, are administered and enforced on a national basis, in the same way as if those Laws constituted a single law of the Commonwealth. [Section 26 amended: No. 26 of 1999 s. 68(4).] 27. Effect of Part (1) This Part has effect subject to this Act (in particular Part 9), the Corporations Law of Western Australia and the ASIC Law of Western Australia. (2) Nothing in this Part limits the generality of anything else in it. [Section 27 amended: No. 26 of 1999 s. 68(4).] Division 2 — Offences against applicable provisions 28. Object (1) The object of this Division is to further the object of this Part by providing — (a) for an offence against an applicable provision of Western Australia to be treated as if it were an offence against a law of the Commonwealth; and (b) for an offence against an applicable provision of another jurisdiction to be treated in Western Australia as if it were an offence against a law of the Commonwealth. (2) The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but without limitation) — (a) the investigation and prosecution of offences; and (b) the arrest, custody, bail, trial and conviction of offenders or persons charged with offences; and (c) proceedings relating to a matter referred to in paragraph (a) or (b); and (d) appeals and review relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c); and (e) the sentencing, punishment and release of persons convicted of offences; and (f) fines, penalties and forfeitures; and (g) liability to make reparation in connection with offences; and (h) proceeds of crime; and (i) spent convictions. 29. Application of Commonwealth laws in relation to offences against applicable provisions (1) The Commonwealth laws apply as laws of Western Australia in relation to an offence against the applicable provisions of Western Australia as if those provisions were laws of the Commonwealth and were not laws of Western Australia. (2) For the purposes of a law of Western Australia, an offence against the applicable provisions of Western Australia — (a) is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were laws of the Commonwealth; and (b) is taken not to be an offence against the laws of Western Australia. (3) Subsection (2) has effect for the purposes of a law of Western Australia except as prescribed by regulations under section 80. 30. Application of Commonwealth laws in relation to offences against applicable provisions of other jurisdictions (1) The Commonwealth laws apply as laws of Western Australia in relation to an offence against the applicable provisions of another jurisdiction as if those provisions were laws of the Commonwealth and were not laws of that other jurisdiction. (2) For the purposes of a law of Western Australia, an offence against the applicable provisions of another jurisdiction — (a) is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were laws of the Commonwealth; and (b) is taken not to be an offence against the laws of that jurisdiction. (3) Subsection (2) has effect for the purposes of a law of Western Australia except as prescribed by regulations under section 80. (4) This section does not require, prohibit, empower, authorise or otherwise provide for, the doing of an act outside Western Australia. [Section 30 amended: No. 51 of 1991 s. 6.] 31. Functions and powers conferred on Commonwealth authorities (1) A Commonwealth law applying because of section 29 that confers on an officer or authority of the Commonwealth a function or power in relation to an offence against the applicable provisions of the Capital Territory also confers on the officer or authority the same function or power in relation to an offence against the corresponding applicable provision of Western Australia. (2) A Commonwealth law applying because of section 30 that confers on an officer or authority of the Commonwealth a function or power in relation to an offence against an applicable provision of the Capital Territory also confers on the officer or authority the same function or power in relation to an offence against the corresponding applicable provision of another jurisdiction. (3) The function or power referred to in subsection (2) may only be performed or exercised in Western Australia. (4) In performing a function or exercising a power conferred by subsection (1) or (2), an officer or authority of the Commonwealth must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding applicable provision of the Capital Territory. (5) A Commonwealth law applying because of section 29 or 30 applies as if it did not contain any provision empowering a Minister of State for the Commonwealth to give any directions in relation to the performance of a function or the exercise of a power conferred by subsection (1) or (2). [Section 31 amended: No. 8 of 2001 s. 30(6).] 32. Reference in Commonwealth law to provision of another law A reference in a Commonwealth law to a provision of that or another Commonwealth law is taken, for the purposes of section 29 or 30, to be a reference to that provision as applying because of that section. [33. Deleted: No. 8 of 2001 s. 30(7).] Division 3 — Administrative law 34. Object The object of this Division is to further the object of this Part by providing that the Commonwealth administrative laws — (a) apply to the applicable provisions of Western Australia; and (b) apply, in Western Australia, to the applicable provisions of another jurisdiction — as if the applicable provisions were those of the Capital Territory. 35. Application of Commonwealth administrative laws in relation to applicable provisions (1) The Commonwealth administrative laws apply as laws of Western Australia in relation to any act, matter or thing arising under or in respect of the applicable provisions of Western Australia as if those provisions were laws of the Commonwealth and were not laws of Western Australia. (2) For the purposes of a law of Western Australia, an act, matter or thing arising under or in respect of the applicable provisions of Western Australia — (a) is taken to be an act, matter or thing arising under or in respect of the laws of the Commonwealth, in the same way as if those provisions were laws of the Commonwealth; and (b) is taken not to be an act, matter or thing arising under or in respect of the laws of Western Australia. (3) Subsection (2) has effect for the purposes of a law of Western Australia except as prescribed by regulations under section 80. 36. Application of Commonwealth administrative laws in relation to applicable provisions of other jurisdictions (1) The Commonwealth administrative laws apply as laws of Western Australia in relation to any act, matter or thing arising under or in respect of the applicable provisions of another jurisdiction as if those provisions were laws of the Commonwealth and were not laws of that jurisdiction. (2) For the purposes of a law of Western Australia, an act, matter or thing arising under or in respect of the applicable provisions of another jurisdiction — (a) is taken to be an act, matter or thing arising under or in respect of the laws of the Commonwealth, in the same way as if those provisions were laws of the Commonwealth; and (b) is taken not to be an act, matter or thing arising under or in respect of the laws of that jurisdiction. (3) Subsection (2) has effect for the purposes of a law of Western Australia except as prescribed by regulations under section 80. (4) This section does not require, prohibit, empower, authorise or otherwise provide for the doing of an act outside Western Australia. 37. Functions and powers conferred on Commonwealth authorities (1) A Commonwealth administrative law applying because of section 35 that confers on an officer or authority of the Commonwealth a function or power in relation to an act, matter or thing arising under or in respect of an applicable provision of the Capital Territory also confers on the officer or authority the same function or power in relation to an act, matter or thing arising under or in respect of the corresponding applicable provision of Western Australia. (2) A Commonwealth administrative law applying because of section 36 that confers on an officer or authority of the Commonwealth a function or power in relation to an act, matter or thing arising under or in respect of an applicable provision of the Capital Territory also confers on the officer or authority the same function or power in relation to an act, matter or thing arising under or in respect of the corresponding applicable provision of another jurisdiction. (3) The function or power referred to in subsection (2) may only be performed or exercised in Western Australia. (4) In performing a function or exercising a power conferred by subsection (1) or (2), an officer or authority of the Commonwealth must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an act, matter or thing arising under or in respect of the corresponding applicable provision of the Capital Territory. (5) A Commonwealth law applying because of section 35 or 36 applies as if it did not contain any provision empowering a Minister of State for the Commonwealth to give any directions in relation to the performance of a function or the exercise of a power conferred by subsection (1) or (2). [Section 37 amended: No. 8 of 2001 s. 30(8).] 38. Reference in Commonwealth administrative law to provision of another law A reference in a Commonwealth administrative law to a provision of that or another Commonwealth administrative law is taken for the purposes of section 35 or 36, to be a reference to that provision as applying because of that section. [39. Deleted: No. 8 of 2001 s. 30(9).] Part 9 — Jurisdiction and procedure of courts Division 1 — Vesting and cross‑vesting of civil jurisdiction 40. Operation of Division (1) This Division provides in relation to — (a) the jurisdiction of courts in respect of civil matters arising under the Corporations Law of Western Australia; and (b) the jurisdiction of the courts of Western Australia in respect of civil matters arising under the Corporations Law of another State or the Capital Territory; and (c) the jurisdiction of courts in respect of matters arising under the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth involving or related to decisions made under the Corporations Law of a State or the Capital Territory by Commonwealth authorities and officers of the Commonwealth; and (d) the jurisdiction of courts in civil matters in respect of decisions made by officers of the Commonwealth to prosecute persons for offences against the Corporations Law of a State or the Capital Territory and related criminal justice process decisions, and so provides to the exclusion of the Jurisdiction of Courts (Cross‑vesting) Act 1987. (2) Nothing in this Division affects any other jurisdiction of any court. [Section 40 amended: No. 28 of 1995 s. 4; No. 32 of 2001 s. 8.] 41. Terms used (1) In this Division — civil matter means a matter other than a criminal matter; Commonwealth authority means an authority or body (whether incorporated or not) that is established or continued in existence by or under an Act of the Commonwealth; Corporations Law has the extended meaning given by subsection (2); judgment means a judgment, decree or order, whether final or interlocutory; lower court means a court of a State or Territory that is not a superior court; officer of the Commonwealth has the same meaning as in section 75(v) of the Constitution of the Commonwealth; superior court means the Supreme Court of a State or Territory or a State Family Court; superior court matter means a civil matter that the Corporations Law clearly intends (for example, by use of the expression "the Court") to be dealt with only by a superior court. (2) In this Division — (a) a reference to the Corporations Law of Western Australia includes a reference to — (i) the Corporations Regulations of Western Australia; and (ii) the ASIC Law of Western Australia; and (iii) the ASIC Regulations of Western Australia; and (iv) any other applicable provisions (as defined in section 3) of Western Australia; and (v) this Act; and (vi) regulations made under this Act; and (vii) rules of court made by the Supreme Court of Western Australia or the Family Court of Western Australia because of a provision of this Act; and [(viii) deleted] (ix) rules of court applied by the Supreme Court of another State, or of the Capital Territory, or a State Family Court of another State, when exercising jurisdiction conferred by this Division (including jurisdiction conferred by virtue of any previous application or applications of this subparagraph); and (b) a reference to the Corporations Law of another State or of the Capital Territory is a reference to the Corporations Law of that other State or of the Capital Territory within the meaning of the law of that other State or the Capital Territory corresponding to this Division. [Section 41 amended: No. 51 of 1991 s. 7; No. 28 of 1995 s. 5; No. 26 of 1999 s. 68(4); No. 32 of 2001 s. 9.] 42. Jurisdiction of State and Territory Supreme Courts (1) Subject to section 9 of the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth, jurisdiction is conferred on the Supreme Court of Western Australia and of each other State and the Capital Territory with respect to civil matters arising under the Corporations Law of Western Australia. (1a) With respect to matters involving or related to decisions made, or proposed to be made, under the Corporations Law of a State or the Capital Territory by a Commonwealth authority or an officer of the Commonwealth, jurisdiction is conferred on the Supreme Court of Western Australia and of each other State and the Capital Territory in accordance with the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth as if that Act conferred jurisdiction in matters arising under it on those Supreme Courts. (1b) Subsection (1a) applies to a decision made, or proposed or required to be made — (a) whether or not in the exercise of a discretion; and (b) whether before or after the commencement of section 10(2) of the Acts Amendment (Federal Courts and Tribunals) Act 2001. (2) The jurisdiction conferred on a Supreme Court by subsection (1) or (1a) is not limited by any limits to which any other jurisdiction of that Supreme Court may be subject. [Section 42 amended: No. 51 of 1991 s. 7; No. 32 of 2001 s. 10.] 42A. Jurisdiction of State Family Courts [(1) deleted] (2) Subject to section 9 of the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth, jurisdiction is conferred on each State Family Court with respect to civil matters arising under the Corporations Law of Western Australia. (3) The jurisdiction conferred on a State Family Court by subsection (2) is not limited by any limits to which any other jurisdiction of the State Family Court may be subject. [Section 42A inserted: No. 51 of 1991 s. 8; amended: No. 32 of 2001 s. 11.] 42B. Jurisdiction of lower courts (1) Subject to section 9 of the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth, jurisdiction is conferred on the lower courts of Western Australia and of each other State and the Capital Territory with respect to civil matters, other than superior court matters, arising under the Corporations Law of Western Australia. (2) The jurisdiction conferred on a lower court by subsection (1) — (a) is subject to the court's general jurisdictional limits, so far as they relate to the amounts, or the value of property, with which the court may deal; but (b) is not subject to the court's other jurisdictional limits. [Section 42B inserted: No. 28 of 1995 s. 6; amended: No. 32 of 2001 s. 12.] 43. Appeals (1) An appeal may not be instituted from a decision of a court of Western Australia to a court of another State or of the Capital Territory or to the Federal Court or (except in the case of an appeal from the Family Court of Western Australia) to the Family Court. (2) An appeal may not be instituted from a decision of the Federal Court to a court of a State or of the Capital Territory or to the Family Court. (3) An appeal may not be instituted from a decision of the Family Court to a court of a State or of the Capital Territory or to the Federal Court. (4) An appeal may not be instituted from a decision of a court (not being a State Family Court) of another State to the Federal Court, to the Family Court, to a State Family Court of that State or to a court of a different State or of the Capital Territory. (5) An appeal may not be instituted from a decision of a court of the Capital Territory to a court of a State or to the Family Court. (6) An appeal may not be instituted from a decision of a State Family Court of a State to the Federal Court, to a court of the Capital Territory or of another State, or (except in accordance with the law of the State under which the State Family Court is constituted) to the Supreme Court of that State. [Section 43 inserted: No. 51 of 1991 s. 9; amended: No. 28 of 1995 s. 7.] 44. Transfer of proceedings (1) This section applies to a proceeding with respect to a civil matter arising under the Corporations Law of Western Australia in a court having jurisdiction under section 42. (2) Where it appears to the court that, having regard to the interests of justice, it is more appropriate for the proceeding, or an application in the proceeding, to be determined by another court having jurisdiction in the matters for determination in the proceeding or application, the first‑mentioned court may transfer the proceeding or application to that other court. [Section 44 amended: No. 51 of 1991 s. 10.] 44A. Transfer of proceedings by Family Court and State Family Courts (1) This section applies to a proceeding with respect to a civil matter arising under the Corporations Law of Western Australia in a court (in this section called the first court) having jurisdiction under section 42A. (2) If it appears to the first court that — (a) the proceeding arises out of, or is related to, another proceeding pending in the Federal Court, or in another court of a State or of the Capital Territory, and that the court in which the other proceeding is pending is the most appropriate court to determine the first‑mentioned proceeding; or (b) having regard to — (i) whether, in the first court's opinion, apart from this Division or a law of another State or the Capital Territory corresponding to this Division, the proceeding, or a substantial part of it, would have been incapable of being instituted in the first court; and (ii) the extent to which, in the first court's opinion, the matters for determination in the proceeding are matters not within the first court's jurisdiction apart from this Division or such a law; and (iii) the interests of justice — the Federal Court, or another court of a State or of the Capital Territory, is the most appropriate court to determine the proceeding; or (c) it is otherwise in the interests of justice that the Federal Court, or another court of a State or of the Capital Territory, determine the proceeding — the first court must transfer the proceeding to the Federal Court, or to that other court, as the case may be. (3) Subject to subsection (2), if it appears to the first court that — (a) the proceeding arises out of, or is related to, another proceeding pending in another court having jurisdiction under section 42A in the matters for determination in the first‑mentioned proceeding, and that the other court is the most appropriate court to determine the first‑mentioned proceeding; or (b) it is otherwise in the interests of justice that the proceeding be determined by another court having jurisdiction under section 42A in the matters for determination in the proceeding — the court must transfer the proceeding to the other court. (4) If — (a) the first court transfers the proceeding to another court; and (b) it appears to the first court that — (i) there is another proceeding pending in the first court that arises out of, or is related to, the first‑mentioned proceeding; and (ii) it is in the interests of justice that the other court also determine the other proceeding — the first court must also transfer the other proceeding to the other court. [Section 44A inserted: No. 51 of 1991 s. 11; amended: No. 28 of 1995 s. 8.] 44AA. Transfer of proceedings in lower courts (1) This section applies to a proceeding with respect to a civil matter arising under the Corporations Law of Western Australia in a lower court (the first court) having jurisdiction under section 42B. (2) If it appears to the first court that, having regard to the interests of justice, it is more appropriate for the proceeding, or an application in the proceeding, to be determined by another court (the second court) having jurisdiction in the matters for determination in the proceeding or application, the first court may take action under whichever of subsections (3) and (4) applies. (3) If the second court is also a lower court, the first court may transfer the proceeding or application to the second court. (4) If the second court is a superior court, the first court may transfer the proceeding or application to the relevant Supreme Court and recommend that the proceeding or application be transferred by the Supreme Court to the second court. (5) The relevant Supreme Court is not bound to comply with a recommendation under subsection (4) and it may instead decide — (a) to deal with the proceeding or application itself; or (b) to transfer the proceeding or application to some other court (which could be the first court). (6) Nothing in this section allows the relevant Supreme Court to transfer the proceeding or application to another court otherwise than in accordance with section 44 and the other requirements of this Division. (7) In this section relevant Supreme Court means the Supreme Court of the State or Territory of which the first court is a court. [Section 44AA inserted: No. 28 of 1995 s. 9.] 44B. Further matters for court to consider when deciding whether to transfer proceeding In deciding whether to transfer under section 44, 44A or 44AA a proceeding or application, a court must have regard to — (a) the principal place of business of any body corporate concerned in the proceeding or application; and (b) the place or places where the events that are the subject of the proceeding or application took place; and (c) the other courts that have jurisdiction to deal with the proceeding or application. [Section 44B inserted: No. 51 of 1991 s. 11; amended: No. 28 of 1995 s. 10.] 44C. Transfer may be made at any stage A court may transfer under section 44, 44A or 44AA a proceeding or application — (a) on the application of a party made at any stage; or (b) of the court's own motion. [Section 44C inserted: No. 51 of 1991 s. 11; amended: No. 28 of 1995 s. 11.] 44D. Transfer of documents Where, under section 44, 44A or 44AA, a court transfers a proceeding, or an application in a proceeding, to another court — (a) the registrar or other proper officer of the first‑mentioned court, must transmit to the registrar or other proper officer of the other court all documents filed in the first‑mentioned court in respect of the proceeding or application, as the case may be; and (b) the other court must proceed as if — (i) the proceeding had been originally instituted in the other court; and (ii) the same proceedings had been taken in the other court as were taken in the first‑mentioned court; and (iii) in a case where an application is transferred —the application had been made in the other court. [Section 44D inserted: No. 51 of 1991 s. 11; amended: No. 28 of 1995 s. 12.] 45. Conduct of proceedings (1) Subject to sections 51, 52 and 52A, where it appears to a court that, in determining a matter for determination in a proceeding, the court will, or will be likely to, be exercising relevant jurisdiction the rules of evidence and procedure to be applied in dealing with the matter are to be such as the court considers appropriate in the circumstances, being rules that are applied in a superior court in Australia or in an external Territory. (2) Where a proceeding is transferred or removed to a court (in this subsection called the transferee court) from another court (in this subsection called the transferor court), the transferee court must deal with the proceeding as if, subject to any order of the transferee court, the steps that had been taken for the purposes of the proceeding in the transferor court (including the making of an order), or similar steps, had been taken in the transferee court. (3) In this section — relevant jurisdiction means — (a) jurisdiction conferred on the Federal Court or the Family Court with respect to civil matters arising under the Corporations Law of Western Australia; or (b) jurisdiction conferred on the Federal Court or the Family Court with respect to civil matters arising under the Corporations Law of another State or the Capital Territory, being jurisdiction that is being exercised by the Federal Court or the Family Court, as the case may be, sitting in Western Australia; or (c) jurisdiction conferred on a court of Western Australia with respect to civil matters arising under the Corporations Law of another State or the Capital Territory; or (d) jurisdiction conferred on a court of another State or the Capital Territory with respect to civil matters arising under the Corporations Law of Western Australia. [Section 45 amended: No. 51 of 1991 s. 12; No. 28 of 1995 s. 13.] 46. Courts to act in aid of each other All courts having jurisdiction in civil matters arising under the Corporations Law of Western Australia and the officers of, or under the control of, those courts must severally act in aid of, and be auxiliary to, each other in all such matters. [Section 46 amended: No. 28 of 1995 s. 14.] 47. Exercise of jurisdiction pursuant to cross‑vesting provisions A court of Western Australia may — (a) exercise jurisdiction (whether original or appellate) conferred on it by a law of another State or the Capital Territory corresponding to this Division with respect to matters arising under the Corporations Law of that State or Territory; and (b) hear and determine a proceeding transferred to it under such a provision. [Section 47 amended: No. 51 of 1991 s. 13; No. 28 of 1995 s. 15.] 48. Rights of appearance A person who is entitled to practise as a legal practitioner, in a court has, if a proceeding (in this subsection referred to as the transferred proceeding) in that court is transferred to another court under this Division or a law of another State or the Capital Territory that corresponds to this Division, the same entitlements to practise in relation to — (a) the transferred proceeding; and (b) any other proceeding out of which the transferred proceeding arises or to which the transferred proceeding is related, being another proceeding that is to be determined together with the transferred proceeding — in the other court that the person would have if the other court were a federal court exercising federal jurisdiction. [Section 48 amended: No. 21 of 2008 s. 653; No. 9 of 2022 s. 424.] 49. Limitation on appeals An appeal does not lie from a decision of a court — (a) in relation to the transfer of a proceeding under this Division; or (b) as to which rules of evidence and procedure are to be applied pursuant to section 45(1). 50. Enforcement of judgments etc. (1) A judgment of the Federal Court, the Family Court or a court of Western Australia that is given, in whole or in part, in the exercise of jurisdiction conferred by this Division, or by a law of another State or the Capital Territory that corresponds to this Division, is enforceable in Western Australia as if the judgment had been given by that court entirely in the exercise of the jurisdiction of that court apart from this Division or any such law. (2) Where — (a) a provision of a law of Western Australia (not being a law in relation to the enforcement of judgments) refers to a thing done by the Federal Court, the Family Court, the Supreme Court of Western Australia or of another State or of the Capital Territory, the Family Court of Western Australia, a State Family Court of another State or a particular lower court of Western Australia or of another State or of the Capital Territory; and (b) that thing is done by another court in the exercise of jurisdiction conferred by this Division or a law of another State or the Capital Territory corresponding to this Division — the reference in that provision to the Federal Court, the Family Court, the Supreme Court of Western Australia or of the other State or Territory, the Family Court of Western Australia, that State Family Court or that lower court, as the case may be, is taken as a reference to that other court. [Section 50 amended: No. 51 of 1991 s. 14; No. 28 of 1995 s. 16.] 51. Rules of Supreme Court (1) The judges of the Supreme Court of Western Australia or a majority of them may make rules of court, not inconsistent with the Corporations Law of Western Australia — (a) with respect to proceedings, and the practice and procedure, of that Court under that Law; and (b) with respect to any matter or thing that is — (i) required or permitted by that Law to be prescribed by rules within the meaning of that Law; or (ii) necessary or convenient to be prescribed by such rules for carrying out or giving effect to that Law; and (c) without limitation, with respect to costs, and with respect to rules as to meetings ordered by that Court. (1a) When a lower court of Western Australia is exercising jurisdiction with respect to matters arising under the Corporations Law of Western Australia, the court must apply the rules of court made under subsection (1), with such alterations as are necessary. (2) When a court of Western Australia is exercising jurisdiction with respect to matters arising under the Corporations Law of another State or the Capital Territory, being jurisdiction conferred by a law of another State or the Capital Territory that corresponds to this Division, that court must apply the rules of court made under subsection (1), with such alterations as are necessary. (3) When a court of another State or the Capital Territory is exercising jurisdiction with respect to matters arising under the Corporations Law of Western Australia, being jurisdiction conferred by this Division, that court must apply the rules of court made under the law of the State or Territory corresponding to subsection (1), with such alterations as are necessary. (4) In this section — Corporations Law of another State or the Capital Territory does not include rules of court; Corporations Law of Western Australia does not include rules of court. [Section 51 amended: No. 28 of 1995 s. 17.] 52. Rules of Federal Court (1) When the Federal Court is exercising jurisdiction with respect to matters arising under the Corporations Law of Western Australia, being jurisdiction conferred by this Division, that Court must apply the rules of court made because of section 60 of the Corporations Act, with such alterations as are necessary. (2) In this section — Corporations Law of Western Australia does not include rules of court. 52A. Rules of Family Court or State Family Court (1) When the Family Court is exercising jurisdiction with respect to matters arising under the Corporations Law of Western Australia, being jurisdiction conferred by this Division, that Court must apply the rules of court made because of section 61A of the Corporations Act, with such alterations as are necessary. (2) When a State Family Court of another State is exercising jurisdiction with respect to matters arising under the Corporations Law of Western Australia, being jurisdiction conferred by this Division, that Court must apply the rules of court made under the law of the State corresponding to section 61A(1) of the Corporations Act, or section 244 of the Family Court Act 1997, with such alterations as are necessary. (3) In this section — Corporations Law of Western Australia does not include rules of court. [Section 52A inserted: No. 51 of 1991 s. 15; amended: No. 41 of 1997 s. 30.] 52B. Rules of Family Court of Western Australia (1) The power to make rules conferred by section 244 of the Family Court Act 1997 extends to making rules of court, not inconsistent with the Corporations Law of Western Australia — (a) with respect to proceedings, and the practice and procedure, of the Family Court of Western Australia under that Law; and (b) with respect to any matter or thing that is — (i) required or permitted by that Law to be prescribed by rules within the meaning of that Law; or (ii) necessary or convenient to be prescribed by such rules for carrying out or giving effect to that Law; and (c) without limitation, with respect to costs, and with respect to rules about meetings ordered by the Family Court of Western Australia. (2) When the Family Court of Western Australia is exercising jurisdiction with respect to matters arising under the Corporations Law of a State, being jurisdiction conferred by a law of a State that corresponds to this Division, that Court must apply the rules of court made under subsection (1), with such alterations as are necessary. (3) When the Family Court of Western Australia is exercising jurisdiction with respect to matters arising under the Corporations Law of the Capital Territory, being jurisdiction conferred by a law of that Territory corresponding to this Division, that Court must apply the rules of court made under subsection (1), with such alterations as are necessary. (4) In this section — Corporations Law of a State does not include rules of court; Corporations Law of the Capital Territory does not include rules of court. [Section 52B inserted: No. 51 of 1991 s. 15; amended: No. 41 of 1997 s. 30.] Division 2 — Vesting and cross‑vesting of criminal jurisdiction 53. Operation of Division This Division provides in relation to — (a) the jurisdiction of courts in respect of criminal matters arising under the Corporations Law of Western Australia; and (b) the jurisdiction of the courts of Western Australia in respect of criminal matters arising under the Corporations Law of any jurisdiction. 54. Interpretation and term used: magistrate (1) In this Division — magistrate means a magistrate who is remunerated by salary or otherwise. (2) In this Division — (a) a reference to the Corporations Law of Western Australia includes a reference to — (i) the Corporations Regulations of Western Australia; and (ii) the ASIC Law of Western Australia; and (iii) the ASIC Regulations of Western Australia; and (iv) any other applicable provisions (as defined in section 3) of Western Australia; and (v) this Act; and (vi) regulations made under this Act; and (vii) rules of court made by the Supreme Court of Western Australia, and rules of court applied by the Federal Court because of a provision of this Act, and rules of court applied by the Supreme Court of another State, or of the Capital Territory, when exercising jurisdiction conferred by this Division (including jurisdiction conferred by virtue of any previous application or applications of this subparagraph); and (b) a reference to the Corporations Law of another State or of the Capital Territory is a reference to the Corporations Law of that other State or of the Capital Territory within the meaning of the law of that other State or the Capital Territory corresponding to this Division. [Section 54 amended: No. 26 of 1999 s. 68(4).] 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)(iv), (v), (vi) or (vii) — have the equivalent jurisdiction with respect to offenders or persons charged with offences against the Corporations Law of Western Australia. (2) Where a provision of a law of another State or the Capital Territory corresponding to subsection (1) 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 Western Australia, the court may exercise that jurisdiction. (3) The jurisdiction conferred by subsection (1) 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) includes jurisdiction in accordance with provisions of a relevant law of another State or the Capital Territory, and — (a) the reference in subsection (1)(b) 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) 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) — (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) and (10), the jurisdiction conferred on a court of a State or the Capital Territory by subsection (1) 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), the jurisdiction conferred on a court of Western Australia by a law of another State or the Capital Territory corresponding to subsection (1) may be exercised despite any limits as to locality of the jurisdiction of that court under the law of Western Australia. (9) Where — (a) jurisdiction is conferred on a court of Western Australia in relation to the summary conviction of persons charged with offences