New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 87

87 Provisions relating to courts

(1) If an application is made for a confiscation order to a court before which a person was convicted of a serious offence--

(a) the application may be dealt with by that court, and

(b) any function may be exercised by that court in relation to the confiscation order,

whether or not that court is constituted in the same way as it was constituted when the person was convicted of the offence.

(2) The Local Court may not, in relation to the conviction of a person for a particular offence, make a forfeiture order in respect of property unless it is satisfied that the value of the property (together with the value of any other property the subject of any other undischarged forfeiture order made by the Local Court in relation to the same conviction of that person) does not exceed the maximum amount that may be awarded by the Local Court when exercising its general civil jurisdiction.

(3) The Local Court may not make a pecuniary penalty order against a person unless it is satisfied that the amount payable under the order (together with the amount payable under any other undischarged pecuniary penalty order made against the person by the Local Court) would not exceed the maximum amount that may be awarded by the Local Court when exercising its general civil jurisdiction.

(3A) The Local Court may not make a drug proceeds order against a person for an amount that exceeds the jurisdictional limit of the Local Court when sitting in its General Division within the meaning of the Local Court Act 2007 .

(4) The Local Court may not make a forfeiture order in respect of land, except in such circumstances as may be prescribed.

(5) For the purposes of this section, the value of property shall be as determined by the Local Court.

(6) Nothing in this section prevents the Local Court from exercising its jurisdiction in relation to a freezing notice issued in relation to land or in relation to property whose value exceeds the jurisdictional limit of the Local Court when sitting in its General Division within the meaning of the Local Court Act 2007 .

(7) Proceedings before the Local Court on an application for a forfeiture order or drug proceeds order, or on an application for confirmation or setting aside of a freezing notice, are to be dealt with by the Court sitting in its General Division within the meaning of the Local Court Act 2007 .