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 85   Effect of court ' s decision on confirmation of forfeiture order  

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85(1)    

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If the court confirms the * forfeiture order under paragraph 84(1)(a) , the order is taken not to be affected by the * quashing of the person ' s conviction of the offence.

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History

S 85(1) amended by No 4 of 2010, s 3 and Sch 1 item 188, by substituting " 84(1)(a) " for " 84(a) " , effective 20 February 2010.

S 85(1) amended by No 3 of 2010, s 3 and Sch 2 item 21, by substituting " 84(a) " for " 84(1)(a) " , effective 20 February 2010.

85(2)    

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If the court confirms the * forfeiture order under paragraph 84(1)(b) :

(a) to the extent that the order covers property that is:

(i) in any case - * proceeds of the offence; or

(ii) if the offence is a * serious offence - an * instrument of the offence;

the order is taken not to be affected by the * quashing of the person ' s conviction of the offence; but

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(b) to the extent that the order covers property that is:

(i) in any case - not proceeds of the offence; and

(ii) if the offence is a serious offence - not an instrument of the offence;

the order is discharged.

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History

S 85(2) amended by No 4 of 2010, s 3 and Sch 1 item 189, by substituting " 84(1)(b) " for " 84(b) " , effective 20 February 2010.

S 85(2) amended by No 3 of 2010, s 3 and Sch 2 items 58 and 59, by substituting " *serious " for " *terrorism " in para (a)(ii) and substituting " serious " for " terrorism " in para (b)(ii), applicable in relation to forfeiture orders applied for on or after 20 February 2010, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement.

S 85(2) amended by No 3 of 2010, s 3 and Sch 2 item 22, by substituting " 84(b) " for " 84(1)(b) " , effective 20 February 2010.

85(3)    
If the court decides not to confirm the * forfeiture order, the order is discharged.

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