Commonwealth Numbered Acts

PROCEEDS OF CRIME ACT 1987 No. 87, 1987 - SECT 30

30. (1) If:
(a) a person (in this subsection called the "defendant") is convicted of a
serious offence (otherwise than by reason of paragraph 5 (1) (d));

   (b)  a restraining order is or was granted in respect of property (whether
        property of the defendant or of some other person) in reliance on:

        (i)    the defendant's conviction of that offence; or

        (ii)   the charging or proposed charging of the defendant with that
               offence or a related offence;

   (c)  the restraining order, to the extent to which it relates to the
        property, is not made by virtue of subparagraph 44 (7) (a) (ii) and is
        not the subject of a declaration under subsection 48 (4); and

   (d)  the restraining order is in force at the end of the period of 6 months
        commencing on the day of the conviction; the property is, under this
        subsection, forfeited to the Commonwealth at the end of that period.

(2) Subject to subsection (3), where property is forfeited to the Commonwealth
by virtue of subsection (1), the property vests absolutely in the
Commonwealth.

(3) Where registrable property is forfeited to the Commonwealth by virtue of
subsection (1):

   (a)  the property vests in equity in the Commonwealth but does not vest in
        the Commonwealth at law until the applicable registration requirements
        have been complied with;

   (b)  the Commonwealth is entitled to be registered as owner of the
        property; and

   (c)  the Minister has power, on behalf of the Commonwealth, to do, or to
        authorise the doing of, anything necessary or convenient to obtain the
        registration of the Commonwealth as owner, including, without limiting
        the generality of this, the execution of any instrument required to be
        executed by a person transferring an interest in property of that
        kind.

(4) Where property is forfeited to the Commonwealth under this section in
respect of a person's conviction of a serious offence:

   (a)  the property shall not, except with the leave of the court that made
        the relevant restraining order and in accordance with any directions
        of the court, be disposed of, or otherwise dealt with, by or on behalf
        of the Commonwealth, before the end of the appeal period in respect of
        the conviction; and

   (b)  if, at the end of the appeal period in respect of the conviction, the
        conviction has not been quashed, the property may be disposed of, or
        otherwise dealt with, in accordance with any direction of the Minister
        or of a person authorised by the Minister for the purposes of this
        paragraph.

(5) Without limiting the generality of paragraph (4) (b), the directions that
may be given pursuant to that paragraph include a direction that property is
to be disposed of in accordance with the provisions of a law specified in the
direction.

(6) Where property is forfeited to the Commonwealth under subsection (1), the
Minister may give all directions that are necessary or convenient to realise
the Commonwealth's interest in the property.

(7) Without limiting the generality of subsection (6), where registrable
property is forfeited to the Commonwealth under subsection (1), the Minister
may direct an officer of the Department or a police officer to do anything
necessary and reasonable to obtain possession of any document necessary for
the transfer of the property.

(8) A reference in this section to the appeal period in relation to the
conviction of a person of an offence is:

   (a)  in a case where the person is to be taken to have been convicted of
        the offence by reason of paragraph 5 (1) (b)-a reference to the
        appeal period in relation to the finding of the person guilty of the
        offence; and

   (b)  in a case where the person is to be taken to have been convicted of
        the offence by reason of paragraph 5 (1) (c)-a reference to the
        appeal period in relation to the conviction of the person of the other
        offence referred to in that paragraph.

(9) In this section:

"appeal period", in relation to a person's conviction of an offence, means the
period ending:

   (a)  if the period provided for the lodging of an appeal against the
        conviction has ended without such an appeal having been lodged-at the
        end of that period; or

   (b)  if an appeal against the conviction has been lodged-when the appeal
        lapses or is finally determined.