Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person:
(a) against whom a * confiscation order is made; or
(b) who has an * interest in property against which a * forfeiture order is made; or
(c) who has an interest in property that is declared in an order under section 141, 168 or 179S to satisfy a * pecuniary penalty order, a * literary proceeds order or an * unexplained wealth order;
may appeal against the confiscation order, forfeiture order or order under section 141, 168 or 179S (the targeted order ) in the manner set out in this section.
(2) If:
(a) the * confiscation order; or
(b) the * forfeiture order; or
(c) the * pecuniary penalty order or * literary proceeds order to which the order under section 141 or 168 relates;
(the primary order ) was made in relation to a conviction of an offence, the person may appeal against the targeted order in the same manner as if the targeted order were, or were part of, a sentence imposed on the person in respect of the offence.
(3) In any other case, the person may appeal against the targeted order in the same manner as if:
(a) the person had been convicted of the offence to which the primary order relates; and
(b) the targeted order were, or were part of, a sentence imposed on the person in respect of the offence.
(4) However, despite subsection (2) or (3), if the primary order related to a * foreign indictable offence, the person may appeal against the targeted order in the same manner as if:
(a) the person had been convicted of the offence in the State or Territory in which the targeted order was made; and
(b) the targeted order were, or were part of, a sentence imposed on the person in respect of the offence.
(4A) Despite subsections (2) and (3), in the case of an * unexplained wealth order, or an order under section 179S that relates to an unexplained wealth order, the person may appeal against the targeted order in the same manner as if:
(a) the person had been convicted of one of the following:
(i) an offence against a law of the Commonwealth;
(ii) a * foreign indictable offence;
(iia) a * relevant offence of a * participating State;
(iii) a * State offence that has a federal aspect;
(iv) a * Territory offence; and
(b) the targeted order were, or were part of, the sentence imposed on the person in respect of the offence.
(5) The * responsible authority for the targeted order:
(a) has the same right of appeal against a targeted order as the person referred to in subsection (1) has under this section; and
(b) may appeal against a refusal by a court to make a targeted order in the same manner as if such an order were made and the authority were appealing against that order.
(6) On an appeal against a targeted order, the order may be confirmed, discharged or varied.
(7) This section does not affect any other right of appeal.