Commonwealth Numbered Acts

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PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 49

Forfeiture orders—conduct constituting indictable offences etc.

(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 19 that has been in force for at least 6 months; and

(c)
the court is satisfied that one or more of the following applies:

(i)
the property is * proceeds of one or more * indictable offences;
(ii)
the property is proceeds of one or more * foreign indictable offences;
(iii)
the property is proceeds of one or more * indictable offences of Commonwealth concern;
(iv)
the property is an instrument of one or more * terrorism offences; and
(d)
the court is satisfied that each such offence that is not a terrorism offence was committed within the 6 years preceding the application for the restraining order, or since that application was made; and

(e)
the court is satisfied that the DPP has taken reasonable steps to identify and notify persons with an * interest in the property.

(2) A finding of the court for the purposes of paragraph (1)(c):

(a)
need not be based on a finding that a particular person committed any offence; and

(b)
need not be based on a finding as to the commission of a particular offence, and can be based on a finding that some offence or other of a kind referred to in paragraph (1)(c) was committed.

(3) Paragraph (1)(c) does not apply if the court is satisfied that:

(a)
no application has been made under Division 3 of Part 2-1 for the property to be excluded from the * restraining order; or

(b)
any such application that has been made has been withdrawn.



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