Document ID: chunk:federal_register_of_legislation:C2025C00034:section:335:p2
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 335 (pt 2/2)
Character Range: 542030–543902

State or Territory with jurisdiction to deal with criminal matters on indictment.

Magistrates may have proceeds jurisdiction in some cases
 (6) If:
 (a) the order would, if made, be one of the following orders relating to an offence of which a person has been convicted:
 (i) a *restraining order under section 17;
 (ii) a *forfeiture order under section 48;
 (iii) a *pecuniary penalty order under subparagraph 116(1)(b)(i); and
 (b) the person was convicted before a magistrate (the convicting magistrate);
a magistrate of the same court as the convicting magistrate has proceeds jurisdiction for the order. However, this does not prevent other courts having proceeds jurisdiction for the order under subsection (2) or (3) (whichever is applicable).
Note: Although this Act is only concerned with indictable offences, these offences can often be tried summarily. For example, see section 4J of the Crimes Act 1914.

Proceeds jurisdiction of Federal Court of Australia
 (7) If the Federal Court of Australia has jurisdiction to try a person (whether on indictment or summarily) for an *indictable offence, the Court has proceeds jurisdiction for an order if the order would, if made, be an order made on the basis of:
 (a) a proposal that the person be charged with the offence; or
 (b) the person having been charged with the offence; or
 (c) the person's conviction of the offence.
 (8) Subsection (7):
 (a) has effect despite subsections (2) and (3); and
 (b) does not prevent other courts having *proceeds jurisdiction for the order under another subsection of this section.

Preliminary unexplained wealth orders and unexplained wealth orders
 (9) The courts that have proceeds jurisdiction for a *preliminary unexplained wealth order or an *unexplained wealth order are those of any State or Territory with jurisdiction to deal with criminal matters on indictment.