Western Australian Current Acts Western Australian Current Acts (1) The Supreme Court
has jurisdiction in any proceedings under this Act.
(2) The District Court
has jurisdiction in any proceedings under this Act in connection with property
if —
(a) the
property is not registrable real property; and
(b) the
value of the property is not more than the jurisdictional limit (within the
meaning of section 6 of the District Court of Western Australia Act 1969 ).
(3) The Magistrates
Court has jurisdiction in proceedings under this Act in connection with
property if —
(a) the
property is not registrable real property; and
(b) the
value of the property is not more than the jurisdictional limit (within the
meaning of section 4 of the Magistrates Court (Civil Proceedings) Act 2004 ).
(4) Despite subsection
(3), the Magistrates Court has no jurisdiction in proceedings for an
unexplained wealth declaration or an examination order.
(5) Despite
subsections (3) and (4), if both the applicant and the respondent consent, the
Magistrates Court may hear and determine —
(a) an
objection; or
(b) an
application for —
(i)
an unexplained wealth declaration; or
(ii)
a criminal benefits declaration; or
(iii)
a crime-used property substitution declaration.
(6) A declaration,
order, finding or decision of a court under this Act in relation to property
is not invalid only because the value of the property exceeds the maximum
permitted to be dealt with by the court under this section.
(7) Part VI of the
District Court of Western Australia Act 1969 applies to proceedings on an
application under this Act as if a reference in the first-mentioned Act to an
action were a reference to an application under this Act.
(8) Nothing in this
section affects the jurisdiction of a court in criminal proceedings under this
Act.
[Section 101 amended: No. 59 of 2004 s. 141; No. 2
of 2008 s. 61(2).]