Australian Capital Territory Numbered Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 239

    (1)     The Magistrates Court has jurisdiction to hear and decide a confiscation proceeding if—

        (a)     the value of the property and benefits to which the proceeding relates (as decided by the Magistrates Court) is not more than the amount the Magistrates Court may award for a personal action at law (the Magistrates Court limit ); and

        (b)     title to land is not genuinely in question in the proceeding.

Note     For the amount the Magistrates Court may award for a personal action at law, see the Magistrates Court (Civil Jurisdiction) Act 1982 , s 5.

    (2)     However, if the value of the property and benefits to which the proceeding relates (as decided by the Magistrates Court) is more than the Magistrates Court limit, the Magistrates Court has jurisdiction to hear and decide the matter to—

        (a)     dismiss the proceeding on its merits (but not for want of jurisdiction); or

        (b)     make an order or orders in relation to property or benefits to the value of the limit; or

        (c)     on the application of the DPP, or on the court's own initiative, by order, transfer the proceeding to the Supreme Court.

    (3)     Despite the Magistrates Court limit, the Magistrates Court has jurisdiction to hear and decide the following confiscation proceedings:

        (a)     any application for a monitoring order, transaction suspension order, production order or examination order;

        (b)     any proceeding in relation to an indictable offence that has been disposed of summarily by the court;

        (c)     a proceeding transferred to the court by the Supreme Court under section 241 (2).

Example for par (b)

Mr Somewhat Wayward is summarily convicted of an indictable offence by the Magistrates Court. The value of the benefits received by Mr Wayward from the commission of the offence was $10 000 more than the Magistrates Court limit. The Magistrates Court may make a penalty order against Mr Wayward for the full amount of the benefits despite their value being more than the amount the Magistrates Court may award for a personal action at law.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (4)     For this section—

        (a)     the Magistrates Court has jurisdiction to decide—

              (i)     what is the property and benefits to which the proceeding relates; and

              (ii)     the value of any property and benefits to which the proceeding relates; and

              (iii)     whether title to land is genuinely in question; and

        (b)     title to land is genuinely in question in the proceeding if the Magistrates Court would not have jurisdiction to hear the proceeding under the Magistrates Court (Civil Jurisdiction) Act 1982 , section 11 (Proceedings affecting title to land).