(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
offencethe 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).