Commonwealth Numbered Acts

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PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 110

Court may confirm forfeiture

(1) The court may confirm the forfeiture if the court is satisfied that:

(a)
it could make a * forfeiture order under section 47 in relation to the offence in relation to which the person's conviction was * quashed if the * DPP were to apply for an order under that section; or

(b)
it could make a forfeiture order under section 49 in relation to the offence in relation to which the person's conviction was quashed if the DPP were to apply for an order under that section.

(2) For the purposes of paragraph (1)(a), the court is to treat any relevant conduct of the person (other than conduct that constitutes a * terrorism offence) as having been made within the period of 6 years referred to in paragraph 47(1)(c).



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