Australian Capital Territory Numbered Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 242

If a proceeding is transferred from a court (the first court ) to another court under section 239 (2) (c) or 241 (2)—

        (a)     the proceeding is taken to have been begun in the other court; and

        (b)     evidence given before, and documents filed with, the first court are taken to have been given before, or filed with, the other court.

Example for par (b)

If a proceeding is transferred from the Magistrates Court to the Supreme Court, the Supreme Court may make findings of fact based on the transcript of evidence given before the Magistrates Court without rehearing the evidence.

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).