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PROCEEDS OF CRIME ACT 1987 No. 87, 1987 - SECT 98
State and Territory courts to have jurisdiction
98. (1) Jurisdiction is vested in the several courts of the States and
Territories with respect to matters arising under this Act.
(2) Subject to subsections (3) and (5), the jurisdiction vested in a court by
virtue of subsection (1) is not limited by any limits to which any other
jurisdiction of the court may be subject.
(3) A court is not empowered to make a forfeiture order in respect of property
if:
(a) the court does not have jurisdiction with respect to the recovery of
property of that kind; or
(b) the court does not have jurisdiction with respect to the recovery of
property of that kind of a value equal to the value of the property.
(4) A reference in subsection (3) to a court having jurisdiction with respect
to the recovery of property includes a reference to the court having
jurisdiction, under a corresponding law, to make an interstate forfeiture
order in respect of property.
(5) A court is not empowered to make a pecuniary penalty order of a particular
amount if the court does not have jurisdiction with respect to the recovery of
debts of an amount equal to that amount.
(6) Jurisdiction is vested in a court of a Territory (including the Northern
Territory) by virtue of subsection (1) so far only as the Constitution
permits.
(7) Where an application for a confiscation order is made to a court before
which a person was convicted of an indictable offence:
(a) the application may be dealt with by the court; and
(b) any power in relation to the confiscation order may be exercised by
the court; whether or not the court is constituted in the same way in
which it was constituted when the person was convicted of the
indictable offence.
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