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PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 322

Appeals

(1) A person:

(a)
against whom a * confiscation order is made; or

(b)
who has an * interest in property against which a * forfeiture order is made; or

(c)
who has an interest in property that is declared in an order under section 141 or 168 to be available to satisfy a * pecuniary penalty order or * literary proceeds order;

may appeal against the confiscation order, forfeiture order or order under section 141 or 168 (the targeted order ) in the manner set out in this section.

(2) If:

(a)
the * confiscation order; or

(b)
the * forfeiture order; or

(c)
the * pecuniary penalty order or * literary proceeds order to which the order under section 141 or 168 relates;

(the primary order ) was made in relation to a conviction of an offence, the person may appeal against the targeted order in the same manner as if the targeted order were, or were part of, a sentence imposed on the person in respect of the offence.

(3) In any other case, the person may appeal against the targeted order in the same manner as if:

(a)
the person had been convicted of the offence to which the primary order relates; and

(b)
the targeted order were, or were part of, a sentence imposed on the person in respect of the offence.

(4) However, despite subsection (2) or (3), if the primary order related to a * foreign indictable offence, the person may appeal against the targeted order in the same manner as if:

(a)
the person had been convicted of the offence in the State or Territory in which the targeted order was made; and

(b)
the targeted order were, or were part of, a sentence imposed on the person in respect of the offence.

(5) The * DPP:

(a)
has the same right of appeal against a targeted order as the person referred to in subsection (1) has under this section; and

(b)
may appeal against a refusal by a court to make a targeted order in the same manner as if such an order were made and the DPP were appealing against that order.

(6) On an appeal against a targeted order, the order may be confirmed, discharged or varied. (7) This section does not affect any other right of appeal.



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