Proceeds of Crime Act 2002
CHAPTER 2
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THE CONFISCATION SCHEME
PART 2-2
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FORFEITURE ORDERS
Division 5
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Reducing the effect of forfeiture orders
Subdivision B
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Excluding property from a forfeiture order
SECTION 73
Making exclusion orders
73(1)
A court that made a * forfeiture order, or that is hearing, or is to hear, an application (a forfeiture application ) for a forfeiture order, must make an order excluding a specified *interest in property from forfeiture (an exclusion order ) if:
(a) a person applies for the exclusion order; and
(b) the forfeiture order, or the forfeiture application, specifies property in which the applicant has an interest; and
(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:
(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.
(e) (Repealed by No 4 of 2010)
73(2)
An * exclusion order must:
(a) specify the nature, extent and value (at the time of making the order) of the *interest concerned; and
(b) direct that the interest be excluded from the operation of the relevant * forfeiture order; and
(c) if the interest has vested (in law or equity) in the Commonwealth under this Part and is yet to be disposed of - direct the Commonwealth to transfer the interest to the applicant; and
(d) if the interest has vested (in law or equity) in the Commonwealth under this Part and has been disposed of - direct the Commonwealth to pay the applicant an amount equal to the value specified under paragraph (a).
A court that made a * forfeiture order, or that is hearing, or is to hear, an application (a forfeiture application ) for a forfeiture order, must make an order excluding a specified *interest in property from forfeiture (an exclusion order ) if:
(a) a person applies for the exclusion order; and
(b) the forfeiture order, or the forfeiture application, specifies property in which the applicant has an interest; and
(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.
(e) (Repealed by No 4 of 2010)
View history note
Hide history note73(2)
An * exclusion order must:
(a) specify the nature, extent and value (at the time of making the order) of the *interest concerned; and
(b) direct that the interest be excluded from the operation of the relevant * forfeiture order; and
(c) if the interest has vested (in law or equity) in the Commonwealth under this Part and is yet to be disposed of - direct the Commonwealth to transfer the interest to the applicant; and
(d) if the interest has vested (in law or equity) in the Commonwealth under this Part and has been disposed of - direct the Commonwealth to pay the applicant an amount equal to the value specified under paragraph (a).
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