(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- any such application that has been made has been withdrawn.