CONFISCATION ACT 1997 - SECT 12 Jurisdiction
CONFISCATION ACT 1997 - SECT 12
Jurisdiction(1) The jurisdiction given to the Children's Court by this Act is exercisable by the Criminal Division of that Court.
S. 12(1A) inserted by No. 63/2003 s. 6.
(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.
S. 12(2A) inserted by No. 79/2014 s. 8(1).
(2A) The Magistrates' Court or the Children's Court must not make an unexplained wealth restraining 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.
S. 12(4) amended by Nos 87/2004 s. 6(1), 68/2009 s. 97(Sch. item 23.13), 27/2016 s. 7.
(4) The Magistrates' Court or the Children's Court must not, in relation to the conviction of an accused for a particular 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.
S. 12(5) amended by Nos 87/2004 s. 6(1), 68/2009 s. 97(Sch. item 23.14), 27/2016 s. 7.
(5) The Magistrates' Court or the Children's Court must not, in relation to the conviction of an accused for a particular offence, make a pecuniary penalty order against the accused 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 accused 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.
S. 12(5A) inserted by No. 79/2014 s. 8(2).
(5A) The Magistrates' Court or the Children's Court must not make an unexplained wealth restraining order in respect of property unless it is satisfied that the value of the property 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.
S. 12(6) amended by No. 63/2003 s. 7.
(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.
S. 12(8) amended by Nos 87/2004 s. 6(2), 68/2010 ss 6, 38(1).
(8) The County Court has jurisdiction under this Act to make any order, other than an order under section 141A, irrespective of the value of the property or the amount payable.
S. 12(9) inserted by No. 68/2010 s. 38(2).
(9) The Magistrates' Court and the Children's Court do not have jurisdiction to make a civil forfeiture restraining order, a civil forfeiture exclusion order or a civil forfeiture order.
Note to s. 12 inserted by No. 42/2007 s. 18(Sch. item 2).
Note
Property is defined as including any interest in property: see section 3(1).