Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-2 - FORFEITURE ORDERS  

Division 4 - Effect of forfeiture orders  

SECTION 69   When can the Commonwealth begin dealing with forfeited property?  

69(1)    
The Commonwealth, and persons acting on its behalf, can only dispose of, or otherwise deal with, property specified in a * forfeiture order after, and only if the order is still in force at, the later of the following times:

(a)    when:

(i) if the period provided for lodging an appeal against the order has ended without such an appeal having been lodged - that period ends; or

(ii) if an appeal against the order has been lodged - the appeal lapses or is finally determined;

(b)    if the order was made in relation to a person ' s conviction of an offence - when:

(i) if the period provided for lodging an appeal against the conviction has ended without such an appeal having been lodged - that period ends; or

(ii) if an appeal against the conviction has been lodged - the appeal lapses or is finally determined.

69(2)    
However, such disposals and dealings may occur earlier with the leave of the court and in accordance with any directions of the court.

69(3)    
For the purposes of paragraph (1)(b):

(a)    if the person is to be taken to have been convicted of the offence because of paragraph 331(1)(b) - an appeal against the finding of the person guilty of the offence is taken to be an appeal against the conviction; and

(b)    if the person is to be taken to have been convicted of the offence because of paragraph 331(1)(c) - an appeal against the person ' s conviction of the other offence referred to in that paragraph is taken to be an appeal against the conviction.

Controlled property

69(4)    

If property covered by a *forfeiture order is controlled property for the purposes of Division 3 of Part 4-1 , this section does not prevent or limit the exercise of powers or performance of duties by the *Official Trustee under that Division.