Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 123 of 1991 - SECT 51

51. Section 98 of the Principal Act is amended:

   (a)  by omitting from subsection (2) "subsections (3) and (5)" and
substituting "this section";

   (b)  by omitting subsection (3) and substituting the following subsections:

"(3) A court cannot make a forfeiture order in respect of property if the
court does not have jurisdiction with respect to the recovery of property of
that kind.

"(3A) A court may make a forfeiture order in respect of property even though,
apart from this section, the court does not have jurisdiction with respect to
property whose value equals the value of that property.";

   (c)  by omitting subsection (5) and substituting the following subsections:

"(5) Where:

   (a)  a court makes a pecuniary penalty order of a particular amount; and

   (b)  the court does not have jurisdiction with respect to the recovery of
        debts of an amount equal to that amount, the registrar of the court
        must issue a certificate containing the prescribed particulars.

"(5A) The certificate may be registered, in accordance with the regulations,
in a court having jurisdiction with respect to the recovery of debts of an
amount equal to the amount of the pecuniary penalty order.

"(5B) Upon registration in a court, the certificate is enforceable in all
respects as a final judgment of the court in favour of the Commonwealth.".