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 84   Court may confirm forfeiture order  

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84(1)    

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

(a) it could have made a forfeiture order under section 47 in relation to the offence in relation to which the person ' s conviction was * quashed if, when the *responsible authority applied for an order under section 48 , it had instead applied for an order under section 47 ; or

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(b) it could have made a forfeiture order under section 49 in relation to the offence in relation to which the person ' s conviction was quashed if, when the authority applied for an order under section 48 , it had instead applied for an order under section 49 .

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History

S 84(1) amended by No 174 of 2011, s 3 and Sch 2 item 61, by substituting " *responsible authority " for " *DPP " in para (a) and " authority " for " DPP " in para (b), effective 1 January 2012. For application provisions see note under s 315B .

84(2)    

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For the purposes of paragraphs (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 84(2) inserted by No 4 of 2010, s 3 and Sch 1 items 185 and 186, applicable in relation to applications made as referred to in paragraph 81(1)(b) on or after 20 February 2010, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement.

84(2)    
(Repealed by No 3 of 2010)

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History

S 84 amended by No 3 of 2010, s 3 and Sch 2 items 19 and 20, by repealing s 84(2), effective 20 February 2010. S 84(2) formerly read:

84(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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