Proceeds of Crime Act 2002

CHAPTER 6 - INTERPRETING THIS ACT  

PART 6-1 - MEANING OF SOME IMPORTANT CONCEPTS  

Division 3 - Other concepts  

SECTION 335   Proceeds jurisdiction  

335(1)    

Whether a court has proceeds jurisdiction for an order, other than a *preliminary unexplained wealth order or an *unexplained wealth order, depends on the circumstances of the offence or offences to which the order would relate.

General rules

335(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.

335(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

335(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.

335(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

335(6)    

If:

(a) the order would, if made, be one of the following orders relating to an offence of which a person has been convicted:

(i) a *restraining order under section 17;

(ii) a *forfeiture order under section 48;

(iii) a *pecuniary penalty order under subparagraph 116(1)(b)(i); and

(b) the person was convicted before a magistrate (the convicting magistrate );

a magistrate of the same court as the convicting 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 .

Proceeds jurisdiction of Federal Court of Australia

335(7)    

If the Federal Court of Australia has jurisdiction to try a person (whether on indictment or summarily) for an *indictable offence, the Court has proceeds jurisdiction for an order if the order would, if made, be an order made on the basis of:

(a) a proposal that the person be charged with the offence; or

(b) the person having been charged with the offence; or

(c) the person's conviction of the offence.

335(8)    

Subsection (7):

(a) has effect despite subsections (2) and (3); and

(b) does not prevent other courts having *proceeds jurisdiction for the order under another subsection of this section.

Preliminary unexplained wealth orders and unexplained wealth orders

335(9)    

The courts that have proceeds jurisdiction for a *preliminary unexplained wealth order or an *unexplained wealth order are those of any State or Territory with jurisdiction to deal with criminal matters on indictment.