CHAPTER 2
-
THE CONFISCATION SCHEME
PART 2-2
-
FORFEITURE ORDERS
Division 6
-
The effect on forfeiture orders of acquittals and quashing of convictions
SECTION 84
Court may confirm forfeiture order
84(1)
The court may confirm the
*
forfeiture order if the court is satisfied that:
(a)
it could have made a forfeiture order under section
47
in relation to the offence in relation to which the person
'
s conviction was
*
quashed if, when the *responsible authority applied for an order under section
48
, it had instead applied for an order under section
47
; or
(b)
it could have made a forfeiture order under section
49
in relation to the offence in relation to which the person
'
s conviction was quashed if, when the authority applied for an order under section
48
, it had instead applied for an order under section
49
.
History
S 84(1) amended by No 174 of 2011, s 3 and Sch 2 item 61, by substituting
"
*responsible authority
"
for
"
*DPP
"
in para (a) and
"
authority
"
for
"
DPP
"
in para (b), effective 1 January 2012. For application provisions see note under s
315B
.
84(2)
For the purposes of paragraphs (1)(a) and (b), the requirement in paragraph
47(1)(b)
or
49(1)(b)
(as the case requires) is taken to be satisfied.
History
S 84(2) inserted by No 4 of 2010, s 3 and Sch 1 items 185 and 186, applicable in relation to applications made as referred to in paragraph
81(1)(b)
on or after 20 February 2010, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement.
84(2)
(Repealed by No 3 of 2010)
History
S 84 amended by No 3 of 2010, s 3 and Sch 2 items 19 and 20, by repealing s 84(2), effective 20 February 2010. S 84(2) formerly read:
84(2)
For the purposes of paragraph (1)(a), the court is to treat any relevant conduct of the person (other than conduct that constitutes a
*
terrorism offence) as having been made within the period of 6 years referred to in paragraph
47(1)(c)
.