98State and Territory courts to have jurisdiction

98 State and Territory courts to have jurisdiction

(1) Jurisdiction is vested in the several courts of the States and Territories with respect to matters arising under this Act. (2) Subject to this section, the jurisdiction vested in a court by virtue of subsection (1) is not limited by any limits to which any other jurisdiction of the court may be subject. (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. (4) A reference in subsection (3) to a court having jurisdiction with respect to the recovery of property includes a reference to the court having jurisdiction, under a corresponding law, to make an interstate forfeiture order in respect of property. (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. (6) Jurisdiction is vested in a court of a Territory (including the Northern Territory) by virtue of subsection (1) so far only as the Constitution permits. (7) Where an application for a confiscation order is made to a court before which a person was convicted of an indictable offence: (a) the application may be dealt with by the court; and (b) any power in relation to the confiscation order may be exercised by the court; whether or not the court is constituted in the same way in which it was constituted when the person was convicted of the indictable offence.