Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-3 - FORFEITURE ON CONVICTION OF A SERIOUS OFFENCE  

Division 2 - Effect of forfeiture on conviction of a serious offence  

SECTION 98  

98   Second exception - if a joint owner dies  

Despite section 96 , if:

(a) a person who is convicted of a * serious offence was, immediately before his or her death, the joint owner of property; and

(b) the period that would apply under subsection 92(3) if the property were subject to forfeiture under section 92 in relation to the conviction had not ended before his or her death; and

(c) if that period had ended immediately before his or her death - the property would have been forfeited under section 92 ;

the property is taken to have vested in the Commonwealth immediately before his or her death.