Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-2 - FORFEITURE ORDERS  

Division 4 - Effect of forfeiture orders  

SECTION 70   How must the Commonwealth deal with forfeited property?  

70(1)    
If the * forfeiture order is still in force at the later time mentioned in subsection 69(1) , the * Official Trustee must, on the Commonwealth ' s behalf and as soon as practicable:

(a)    dispose of any property specified in the order that is not money; and

(b)    apply:

(i) any amounts received from that disposal; and

(ii) any property specified in the order that is money;

to payment of its remuneration and other costs, charges and expenses of the kind referred to in subsection 288(1) payable to or incurred by it in connection with the disposal and with the * restraining order that covered the property; and

(ba)    

apply:

(i) any amounts received from that disposal; and

(ii) any property specified in the order that is money;

to payment of an *associated GST entity ' s liability (if any) to pay *GST in connection with the disposal; and

(c)    credit the remainder of the money and amounts received to the * Confiscated Assets Account as required by section 296 .

70(2)    
However, if the * Official Trustee is required to deal with property specified in a * forfeiture order but has not yet begun:

(a)    the Minister; or

(b)    a * senior Departmental officer authorised by the Minister for the purposes of this subsection;

may direct that the property be alternatively disposed of, or otherwise dealt with, as specified in the direction.

70(3)    
Such a direction could be that property is to be disposed of in accordance with the provisions of a specified law.

Note:

The quashing of a conviction of an offence relating to a forfeiture may prevent things being done under this section: see section 86 .