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 113   Giving notice if forfeiture ceases to have effect on quashing of a conviction  

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113(1)    
This section applies in relation to particular property if:

(a) the property was forfeited to the Commonwealth under section 92 but the forfeiture ceases to have effect under section 107 or subsection 111(3) ; or

(b) the property was forfeited to the Commonwealth under section 92 but the forfeiture ceases to have effect in relation to that property under subsection 111(2) .

113(2)    

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The responsible authority for the *restraining order referred to in paragraph 92(1)(b) must, as soon as practicable after the forfeiture ceases to have effect, give written notice of the cessation to any person the authority reasonably believes may have had an * interest in that property immediately before the forfeiture.

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History

S 113(2) amended by No 174 of 2011, s 3 and Sch 2 items 128 and 129, by substituting " responsible authority for the *restraining order referred to in paragraph 92(1)(b) " for " *DPP " and " authority " for " DPP " , effective 1 January 2012. For application provisions see note under s 315B .

113(3)    

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The *responsible authority must, if required by a court, give or publish notice of the cessation to a specified person or class of persons. The court may also specify the time and manner in which the notice is to be given or published.

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History

S 113(3) amended by No 174 of 2011, s 3 and Sch 2 item 74, by substituting " *responsible authority " for " *DPP " , effective 1 January 2012. For application provisions see note under s 315B .

113(4)    
A notice given under this section must include a statement to the effect that a person claiming to have had an * interest in that property may apply under section 114 for the transfer of the interest, or its value, to the person.

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