335Proceeds jurisdiction

335 Proceeds jurisdiction

(1) Whether a court has proceeds jurisdiction for an order, other than a *preliminary unexplained wealth order or an *unexplained wealth order, depends on the circumstances of the offence or offences to which the order would relate. General rules (2) If all or part of the conduct constituting an offence to which the order would relate: (a) occurred in a particular State or Territory; or (b) is reasonably suspected of having occurred in that State or Territory; the courts that have proceeds jurisdiction for the order are those with jurisdiction to deal with criminal matters on indictment in that State or Territory. (3) If all of the conduct constituting an offence to which the order would relate: (a) occurred outside *Australia; or (b) is reasonably suspected of having occurred outside *Australia; the courts that have proceeds jurisdiction for the order are those of any State or Territory with jurisdiction to deal with criminal matters on indictment. Offender not identified (4) If: (a) the order would, if made, be: (i) a *restraining order under section 19 that relates to an offence committed by a person whose identity is not known and that is not based on a finding as to the commission of a particular offence; or (ii) a *forfeiture order under section 49 that is not based on a finding that a particular person committed any offence and that is not based on a finding as to the commission of a particular offence; and (b) the property to which the order would relate is located in a particular State or Territory; despite subsections (2) and (3), the courts that have proceeds jurisdiction for the order are those with jurisdiction to deal with criminal matters on indictment in that State or Territory. (5) If: (a) the order would, if made, be: (i) a *restraining order under section 19 that relates to an offence committed by a person whose identity is not known and that is not based on a finding as to the commission of a particular offence; or (ii) a *forfeiture order under section 49 that is not based on a finding that a particular person committed any offence and that is not based on a finding as to the commission of a particular offence; and (b) the property to which the order would relate is located outside *Australia; despite subsections (2) and (3), the courts that have proceeds jurisdiction for the order are those of any 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).