Proceeds of Crime Act 2002
CHAPTER 2
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THE CONFISCATION SCHEME
PART 2-2
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FORFEITURE ORDERS
SECTION 46
46
Simplified outline of this Part
Forfeiture orders can be made, forfeiting property to the Commonwealth, if certain offences have been committed. (It is not always a requirement that a person has been convicted of such an offence.)
Orders are made on the application of a proceeds of crime authority (the Commissioner of the Australian Federal Police or the DPP). Other orders can be made to reduce the effect of forfeiture orders on grounds such as hardship to the person ' s dependants.
Note:
If a person is convicted of a serious offence, forfeiture can be automatic under Part 2-3 . There is no need for a forfeiture order.
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