Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 12

Jurisdiction

12. Jurisdiction



(1) The jurisdiction given to the Children's Court by this Act is exercisable
by the Criminal Division of that Court.

(1A) Despite the jurisdictional limit of the Magistrates' Court in civil
proceedings, the Magistrates' Court may make a freezing order in respect of an
account held with a financial institution, irrespective of the amount held in
that account.

(2) The Magistrates' Court or the Children's Court must not make a restraining
order or a forfeiture order in respect of real property.

(3) The Magistrates' Court or the Children's Court must not, in relation to a
particular offence, make a restraining order in respect of property unless it
is satisfied that the value of the property (together with the value of any
other property in respect of which a restraining order has been granted in
relation to that offence) does not exceed the jurisdictional limit of the
Magistrates' Court in civil proceedings, other than proceedings in which
damages are claimed that consist of or include damages in respect of personal
injury.





(4) The Magistrates' Court or the Children's Court must not, in relation to
the conviction of a defendant for a particular Schedule 1 offence, make a
forfeiture order in respect of property unless it is satisfied that the value
of the property (together with the value of any other property that is the
subject of any other undischarged forfeiture order made by that court in
relation to that conviction) does not exceed the jurisdictional limit of the
Magistrates' Court in civil proceedings, other than proceedings in which
damages are claimed that consist of or include damages in respect of personal
injury.

(5) The Magistrates' Court or the Children's Court must not, in relation to
the conviction of a defendant for a particular Schedule 1 offence, make a
pecuniary penalty order against the defendant unless it is satisfied that the
amount payable under the order (together with the amount payable under any
other undischarged pecuniary penalty order made against the defendant by that
court in relation to that conviction) does not exceed the jurisdictional limit
of the Magistrates' Court in civil proceedings, other than proceedings in
which damages are claimed that consist of or include damages in respect of
personal injury.

(6) If a person was convicted before the Magistrates' Court or the Children's
Court and that court does not have jurisdiction to make a restraining order,
forfeiture order or pecuniary penalty order because of the value of the
property or the amount payable, then the Supreme Court and the County Court
have jurisdiction.

(7) For the purposes of this section, the value of property is its value as
determined by the court hearing the application.

(8) The County Court has jurisdiction under this Act to make any order (except
an order under Division 2 of Part 8) irrespective of the value of the property
or the amount payable.

Note Property is defined as including any interest in property: see section
3(1).