Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

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

Division 4 - The effect on forfeiture of convictions being quashed  

SECTION 110   Court may confirm forfeiture  

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110(1)    

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The court may confirm the forfeiture if the court is satisfied that:

(a) it could make a * forfeiture order under section 47 in relation to the offence in relation to which the person ' s conviction was * quashed if the *responsible authority for the *restraining order referred to in paragraph 92(1)(b) were to apply for an order under that section; or

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(b) it could make a forfeiture order under section 49 in relation to the offence in relation to which the person ' s conviction was quashed if the authority were to apply for an order under that section.

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History

S 110(1) amended by No 174 of 2011, s 3 and Sch 2 items 73 and 127, by substituting " *responsible authority for the *restraining order referred to in paragraph 92(1)(b) " for " *DPP " in para (a) and " authority " for " DPP " in para (b), effective 1 January 2012. For application provisions see note under s 315B .

110(2)    

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For the purposes of paragraph (1)(a) and (b), the requirement in paragraph 47(1)(b) or 49(1)(b) (as the case requires) is taken to be satisfied.

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History

S 110(2) inserted by No 4 of 2010, s 3 and Sch 1 items 190 and 191, applicable in relation to applications made as referred to in paragraph 107(1)(c) of that Act on or after 20 February 2010, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement.

110(2)    
(Repealed by No 3 of 2010)

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History

S 110 amended by No 3 of 2010, s 3 and Sch 2 items 23 and 24, by repealing s 110(2), effective 20 February 2010. S 110(2) formerly read:

110(2)
For the purposes of paragraph (1)(a), the court is to treat any relevant conduct of the person (other than conduct that constitutes a * terrorism offence) as having been made within the period of 6 years referred to in paragraph 47(1)(c) .

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