Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-2 - FORFEITURE ORDERS  

Division 7 - Miscellaneous  

SECTION 87   Giving notice if a forfeiture order is discharged on appeal or by quashing of a conviction  

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87(1)    
This section applies in relation to particular property if:

(a) a * forfeiture order that covered that property is discharged by a court hearing an appeal against the making of the order; or

(b) a forfeiture order that covered that property is discharged under section 81 or subsection 85(3) ; or

(c) a forfeiture order that covered the property is discharged under subsection 85(2) in relation to that property.

87(2)    

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The *responsible authority must, as soon as practicable, give written notice of the discharge to any person the authority reasonably believes may have had an * interest in that property immediately before the order was made.

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History

S 87(2) amended by No 174 of 2011, s 3 and Sch 2 item 62, by substituting " *responsible authority " for " *DPP " and " authority " for " DPP " , effective 1 January 2012. For application provisions see note under s 315B .

87(3)    

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The *responsible authority must, if required by a court, give or publish notice of the discharge 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 87(3) amended by No 174 of 2011, s 3 and Sch 2 item 62, by substituting " *responsible authority " for " *DPP " , effective 1 January 2012. For application provisions see note under s 315B .

87(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 88 for the transfer of the interest, or its value, to the person.

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