Proceeds of Crime Act 2002

CHAPTER 5 - MISCELLANEOUS  

SECTION 322   Appeals  

322(1)    

A person:

(a) against whom a * confiscation order is made; or

(b) who has an * interest in property against which a * forfeiture order is made; or

(c) who has an interest in property that is declared in an order under section 141 , 168 or 179S to satisfy a *pecuniary penalty order, a *literary proceeds order or an *unexplained wealth order;

may appeal against the confiscation order, forfeiture order or order under section 141 , 168 or 179S (the targeted order ) in the manner set out in this section.

322(2)    
If:

(a) the * confiscation order; or

(b) the * forfeiture order; or

(c) the * pecuniary penalty order or * literary proceeds order to which the order under section 141 or 168 relates;

(the primary order ) was made in relation to a conviction of an offence, the person may appeal against the targeted order in the same manner as if the targeted order were, or were part of, a sentence imposed on the person in respect of the offence.

322(3)    
In any other case, the person may appeal against the targeted order in the same manner as if:

(a) the person had been convicted of the offence to which the primary order relates; and

(b) the targeted order were, or were part of, a sentence imposed on the person in respect of the offence.

322(4)    
However, despite subsection (2) or (3), if the primary order related to a * foreign indictable offence, the person may appeal against the targeted order in the same manner as if:

(a) the person had been convicted of the offence in the State or Territory in which the targeted order was made; and

(b) the targeted order were, or were part of, a sentence imposed on the person in respect of the offence.

322(4A)    

Despite subsections (2) and (3), in the case of an *unexplained wealth order, or an order under section 179S that relates to an unexplained wealth order, the person may appeal against the targeted order in the same manner as if:

(a) the person had been convicted of one of the following:

(i) an offence against a law of the Commonwealth;

(ii) a *foreign indictable offence;

(iia) a *relevant offence of a *participating State;

(iii) a *State offence that has a federal aspect;

(iv) a *Territory offence; and

(b) the targeted order were, or were part of, the sentence imposed on the person in respect of the offence.

322(5)    

The *responsible authority for the targeted order:

(a) has the same right of appeal against a targeted order as the person referred to in subsection (1) has under this section; and

(b) may appeal against a refusal by a court to make a targeted order in the same manner as if such an order were made and the authority were appealing against that order.

322(6)    
On an appeal against a targeted order, the order may be confirmed, discharged or varied.

322(7)    
This section does not affect any other right of appeal.