Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A court with * proceeds jurisdiction must make an order that property specified in the order is forfeited to the Commonwealth if:
(a) the * responsible authority for a * restraining order under section 18 that covers the property applies for an order under this subsection; and
(b) the restraining order has been in force for at least 6 months; and
(c) the court is satisfied that a person whose conduct or suspected conduct formed the basis of the restraining order engaged in conduct constituting one or more * serious offences.
Note: The order can be made before the end of the period of 6 months referred to in paragraph (1)(b) if it is made as a consent order: see section 316.
(2) A finding of the court for the purposes of paragraph (1)(c) need not be based on a finding as to the commission of a particular offence, and can be based on a finding that some * serious offence or other was committed.
(3) The raising of a doubt as to whether a person engaged in conduct constituting a * serious offence is not of itself sufficient to avoid a finding by the court under paragraph (1)(c).
Refusal to make a forfeiture order
(4) Despite subsection (1), the court may refuse to make an order under that subsection relating to property that the court is satisfied:
(a) is an * instrument of a * serious offence other than a * terrorism offence; and
(b) is not * proceeds of an offence;
if the court is satisfied that it is not in the public interest to make the order.