Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-2 - FORFEITURE ORDERS  

Division 6 - The effect on forfeiture orders of acquittals and quashing of convictions  

SECTION 82   Notice of application for confirmation of forfeiture order  

View history reference

82(1)    

View history reference

The *responsible authority must give written notice of an application for confirmation of the * forfeiture order to:

(a) the person whose conviction was * quashed; and

(b) any person who claims, or prior to the forfeiture claimed, an * interest in property covered by the order; and

(c) any person whom the authority reasonably believes may have had an interest in that property before the forfeiture.

Note:

If the authority applies for confirmation of a forfeiture order, it can also apply for an examination order under Part 3-1 .

 View history note

 Hide history note

History

S 82(1) amended by No 174 of 2011, s 3 and Sch 2 item 59, by substituting " *responsible authority " for " *DPP " and " authority " for " DPP " wherever occurring, effective 1 January 2012. For application provisions see note under s 315B .

82(2)    

View history reference

The court hearing the application may, at any time before finally determining the application, direct the *responsible authority to give or publish notice of the application 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.

 View history note

 Hide history note

History

S 82(2) amended by No 174 of 2011, s 3 and Sch 2 item 59, by substituting " *responsible authority " for " *DPP " , effective 1 January 2012. For application provisions see note under s 315B .

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.