Commonwealth Numbered Acts

PROCEEDS OF CRIME ACT 1987 No. 87, 1987 - SECT 100

100. (1) A person who has an interest in property against which a forfeiture
order is made may appeal against that order:

   (a)  in the case of a person convicted of the offence in reliance on which
        the order was made-in the same manner as if the order were, or were
        part of, a sentence imposed on the person in respect of the offence;
        or

   (b)  in any other case-in the same manner as if the person had been
        convicted of the offence in reliance on which the order was made and
        the order were, or were part of, a sentence imposed on the person in
        respect of the offence.

(2) A person against whom a pecuniary penalty order is made may appeal against
that order in the same manner as if it were, or were part of, a sentence
imposed on the person in respect of the offence in reliance on which the order
was made.

(3) Where a court:

   (a)  makes a pecuniary penalty order; and

   (b)  makes an order under subsection 28 (3) declaring that particular
        property is available to satisfy the order; a person who has an
        interest in the property may appeal against the order under
        subsection 28 (3) in the same manner as if the person had been
        convicted of the offence in reliance on which the order was made and
        the order were, or were part of, a sentence imposed on the person in
        respect of the offence.

(4) On an appeal against a forfeiture order, a pecuniary penalty order or an
order made under subsection 28 (3), the order may be confirmed, discharged or
varied.

(5) The DPP may appeal against a forfeiture order, a pecuniary penalty order
or an order under subsection 28 (3) or against the refusal of a court to make
such an order in the same manner as if the order were, or were part of, a
sentence imposed in respect of the offence in reliance on which the order was
made.

(6) Nothing in this section shall be taken to affect any right of appeal that
a person would have apart from this section.