Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 (4 of 2010)

Schedule 1   Proceeds of crime

Part 1   Exclusion, recovery and compensation

Proceeds of Crime Act 2002

22   Paragraphs 73(1)(c), (d) and (e)

Repeal the paragraphs, substitute:

(c) if the forfeiture order was (or the forfeiture order applied for would be) made under section 47 or 49 - the court is satisfied that the applicant's interest in the property is neither of the following:

(i) *proceeds of *unlawful activity;

(ii) if an offence on which the order was (or would be) based is a *serious offence - an instrument of any serious offence; and

(d) if the forfeiture order was (or the forfeiture order applied for would be) made under section 48 - the court is satisfied that the applicant's interest in the property is neither proceeds nor an instrument of any of the offences to which the forfeiture order or forfeiture application relates.