Commonwealth Numbered Acts

PROCEEDS OF CRIME ACT 1987 No. 87, 1987 - SECT 19

19. (1) Where:

   (a)  the DPP applies to a court for an order under this section against
        property in respect of a person's conviction of an offence; and

   (b)  the court is satisfied that the property is tainted property in
        respect of the offence; the court may, if it considers it appropriate,
        order that the property, or such of the property as is specified by
        the court in the order, is forfeited to the Commonwealth.

(2) Where the court orders that property (other than money) is forfeited to
the Commonwealth, the court shall specify in the order the amount that it
considers to be the value of the property at the time when the order is made.

(3) In considering whether it is appropriate to make a forfeiture order in
respect of particular property, the court may have regard to:

   (a)  any hardship that may reasonably be expected to be caused to any
        person by the operation of such an order; and

   (b)  the use that is ordinarily made, or was intended to be made, of the
        property.

(4) In considering whether it is appropriate to make a forfeiture order under
subsection (1) in respect of particular property, the court may also have
regard to the gravity of the offence concerned.

(5) A court that makes a forfeiture order against property may, if it is
satisfied that:

   (a)  it would not be contrary to the public interest for a person's
        interest in the property to be transferred to the person; and

   (b)  there is no other reason why the person's interest in the property
        should not be transferred to that person; by order:

   (c)  declare the nature, extent and value (as at the time when the order is
        made) of the interest; and

   (d)  declare that the forfeiture order may, to the extent to which it
        relates to the interest, be discharged as provided by section 33.

(6) Where:

   (a)  the DPP applies for a forfeiture order against particular property in
        reliance on a person's conviction of an offence; and

   (b)  evidence is given, at the hearing of the application, that the
        property was in the person's possession at the time of, or immediately
        after, the commission of the offence; then:

   (c)  if no evidence is given that tends to show that the property was not
        used in, or in connection with, the commission of the offence-the
        court shall presume that the property was used in, or in connection
        with, the commission of the offence; or

   (d)  in any other case-the court shall not make a forfeiture order against
        the property unless it is satisfied that the property was used in, or
        in connection with, the commission of the offence.

(7) Where a court makes a forfeiture order, the court has power to give all
directions that are necessary or convenient for giving effect to the order.

(8) Without limiting the generality of subsection (7), where a court makes a
forfeiture order against registrable property, the court may direct an officer
of the court to do anything necessary and reasonable to obtain possession of
any document necessary for the transfer of the property.