Proceeds of Crime Act 2002
A court with * proceeds jurisdiction must make an order that property specified in the order is forfeited to the Commonwealth if:
(a) the *responsible authority for a *restraining order under section 19 that covers the property applies for an order under this subsection; and
(b) the restraining order has been in force for at least 6 months; and
(c) the court is satisfied that one or more of the following applies:
(i) the property is * proceeds of one or more * indictable offences;
(ii) the property is proceeds of one or more * foreign indictable offences;
(iii) the property is proceeds of one or more * indictable offences of Commonwealth concern;
(iv) the property is an instrument of one or more * serious offences; and
(d) (Repealed by No 3 of 2010)
(e) the court is satisfied that the authority has taken reasonable steps to identify and notify persons with an * interest in the property.
View history note
Hide history note49(2)
A finding of the court for the purposes of paragraph (1)(c):
(a) need not be based on a finding that a particular person committed any offence; and
(b) need not be based on a finding as to the commission of a particular offence, and can be based on a finding that some offence or other of a kind referred to in paragraph (1)(c) was committed.
49(3)
Paragraph (1)(c) does not apply if the court is satisfied that:
(a) no application has been made under Division 3 of Part 2-1 for the property to be excluded from the * restraining order; or
(b) any such application that has been made has been withdrawn.
Refusal to make a forfeiture order
49(4)
Despite subsection (1), the court may refuse to make an order under that subsection relating to property that the court is satisfied:
(a) is an *instrument of a *serious offence other than a *terrorism offence; and
(b) is not *proceeds of an offence;
if the court is satisfied that it is not in the public interest to make the order.
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