(1) Whether a court has proceeds jurisdiction for an order depends on the
circumstances of the offence or offences to which the order would relate.
General rules
(2) If all or part of the conduct constituting an offence to
which the order would relate:
- (a)
- occurred in a particular State or
Territory; or
- (b)
- is reasonably suspected of having occurred in that State or Territory;
the courts that have proceeds jurisdiction for the order are those with
jurisdiction to deal with criminal matters on indictment in that State or
Territory.
(3) If all of the conduct constituting an offence to which the order would
relate:
- (a)
- occurred outside * Australia; or
- (b)
- is reasonably suspected of having occurred outside * Australia;
the courts that have proceeds jurisdiction for the order are those of any
State or Territory with jurisdiction to deal with criminal matters on
indictment.
Offender not identified
(4) If:
- (a)
- the order would, if made, be:
- (i)
- a * restraining order under section 19 that relates to an offence
committed by a person whose identity is not known and that is not based on a
finding as to the commission of a particular offence; or
- (ii)
- a * forfeiture order under section 49 that is not based on a finding
that a particular person committed any offence and that is not based on a
finding as to the commission of a particular offence; and
- (b)
- the property to which the order would relate is located in a particular
State or Territory;
despite subsections (2) and (3), the courts that have proceeds
jurisdiction for the order are those with jurisdiction to deal with criminal
matters on indictment in that State or Territory.
(5) If:
- (a)
- the order would, if made, be:
- (i)
- a * restraining order under section 19 that relates to an offence
committed by a person whose identity is not known and that is not based on a
finding as to the commission of a particular offence; or
- (ii)
- a * forfeiture order under section 49 that is not based on a finding
that a particular person committed any offence and that is not based on a
finding as to the commission of a particular offence; and
- (b)
- the property to which the order would relate is located outside *
Australia;
despite subsections (2) and (3), the courts that have proceeds
jurisdiction for the order are those of any State or Territory with
jurisdiction to deal with criminal matters on indictment.
Magistrates may have proceeds jurisdiction in some cases
(6) If:
- (a)
- the
order would, if made, be a * restraining order under section 17, or a *
forfeiture order under section 48, relating to an offence of which a
person has been convicted; and
- (b)
- the person was convicted before a magistrate;
the magistrate has proceeds jurisdiction for the order. However, this does not
prevent other courts having proceeds jurisdiction for the order under
subsection (2) or (3) (whichever is applicable).
- Note: Although this Act is only concerned with indictable offences, these
offences can often be tried summarily. For example, see section 4J of the
Crimes Act 1914 .
Commonwealth Numbered Acts