Proceeds of Crime Act 2002
CHAPTER 2
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THE CONFISCATION SCHEME
PART 2-3
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FORFEITURE ON CONVICTION OF A SERIOUS OFFENCE
Division 1
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Forfeiture on conviction of a serious offence
SECTION 93
Making an extension order extending the period before property is forfeited
93(1)
The court that made the * restraining order referred to in paragraph 92(1)(b) may make an order (an extension order ) specifying an extended period for the purposes of subsection 92(3) if:
(a) an application for the order is made within 6 months after the start of the *conviction day for the relevant conviction; and
(b) the applicant has also applied to the court under:
(c) the court is satisfied that the applicant made the application under section 30 , 31 or 94 without undue delay, and has since diligently followed up that application.
93(2)
The * extension order stops being in force if the application under section 30 , 31 or 94 is finally determined before the end of the 6 month period starting on the *conviction day for the relevant conviction.
93(3)
The extended period ends if the application under section 30 , 31 or 94 is finally determined before the end of that period.
93(4)
If the court makes the *extension order, the *responsible authority must take reasonable steps to give any person who has or claims, or whom the authority reasonably believes may have, an *interest in the property to which the order relates a written notice stating:
(a) the date on which the property will be forfeited under this Part, in accordance with the extension order, unless it is excluded from forfeiture; and
(b) the effect of subsections (2) and (3).
The court that made the * restraining order referred to in paragraph 92(1)(b) may make an order (an extension order ) specifying an extended period for the purposes of subsection 92(3) if:
(a) an application for the order is made within 6 months after the start of the *conviction day for the relevant conviction; and
(b) the applicant has also applied to the court under:
(i) section 30 or 31 to exclude property from the restraining order; or
(ii) section 94 to exclude the property that is covered by the restraining order from forfeiture under this Part; and
(c) the court is satisfied that the applicant made the application under section 30 , 31 or 94 without undue delay, and has since diligently followed up that application.
The extended period specified must end no later than 15 months from the start of the conviction day for the relevant conviction.
View history note
Hide history note93(2)
The * extension order stops being in force if the application under section 30 , 31 or 94 is finally determined before the end of the 6 month period starting on the *conviction day for the relevant conviction.
93(3)
The extended period ends if the application under section 30 , 31 or 94 is finally determined before the end of that period.
93(4)
If the court makes the *extension order, the *responsible authority must take reasonable steps to give any person who has or claims, or whom the authority reasonably believes may have, an *interest in the property to which the order relates a written notice stating:
(a) the date on which the property will be forfeited under this Part, in accordance with the extension order, unless it is excluded from forfeiture; and
(b) the effect of subsections (2) and (3).
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