Commonwealth Numbered Acts

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PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 47

Forfeiture orders—conduct constituting serious offences

(1) A court with * proceeds jurisdiction must make an order that property specified in the order is forfeited to the Commonwealth if:

(a)
the * DPP applies for the order; and

(b)
the property to be specified in the order is covered by a * restraining order under section 18 that has been in force for at least 6 months; and

(c)
the court is satisfied that:

(i)
a person whose conduct or suspected conduct formed the basis of the restraining order engaged in conduct constituting one or more * serious offences; and
(ii)
for each such suspected offence that is not a * terrorism offence—the offence was committed within the 6 years preceding the application for the restraining order, or since that application was made.
Note: The order can be made before the end of the period of 6 months referred to in paragraph (1)(b) if it is made as a consent order: see section 316.

(2) A finding of the court for the purposes of paragraph (1)(c) need not be based on a finding as to the commission of a particular offence, and can be based on a finding that some * serious offence or other was committed. (3) The raising of a doubt as to whether a person engaged in conduct constituting a * serious offence is not of itself sufficient to avoid a finding by the court under paragraph (1)(c).



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