Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-2 - FORFEITURE ORDERS  

Division 1 - Making forfeiture orders  

SECTION 49   Forfeiture orders - property suspected of being proceeds of indictable offences etc.  

49(1)    
A court with * proceeds jurisdiction must make an order that property specified in the order is forfeited to the Commonwealth if:

(a) the *responsible authority for a *restraining order under section 19 that covers the property applies for an order under this subsection; and

(b) the restraining order has been in force for at least 6 months; and

(c) the court is satisfied that one or more of the following applies:

(i) the property is * proceeds of one or more * indictable offences;

(ii) the property is proceeds of one or more * foreign indictable offences;

(iii) the property is proceeds of one or more * indictable offences of Commonwealth concern;

(iv) the property is an instrument of one or more * serious offences; and

(d) (Repealed by No 3 of 2010)

(e) the court is satisfied that the authority has taken reasonable steps to identify and notify persons with an * interest in the property.

49(2)    
A finding of the court for the purposes of paragraph (1)(c):

(a) need not be based on a finding that a particular person committed any offence; and

(b) need not be based on a finding as to the commission of a particular offence, and can be based on a finding that some offence or other of a kind referred to in paragraph (1)(c) was committed.

49(3)    
Paragraph (1)(c) does not apply if the court is satisfied that:

(a) no application has been made under Division 3 of Part 2-1 for the property to be excluded from the * restraining order; or

(b) any such application that has been made has been withdrawn.

Refusal to make a forfeiture order

49(4)    

Despite subsection (1), the court may refuse to make an order under that subsection relating to property that the court is satisfied:

(a) is an *instrument of a *serious offence other than a *terrorism offence; and

(b) is not *proceeds of an offence;

if the court is satisfied that it is not in the public interest to make the order.