Commonwealth Numbered Acts

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PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 52

Making of forfeiture order if person has absconded

If, because of paragraph 331(1)(d), a person is taken to have been convicted of an * indictable offence, a court must not make a * forfeiture order relating to the person's conviction unless:

(a)
the court is satisfied, on the balance of probabilities, that the person has * absconded; and

(b)
either:

(i)
the person has been committed for trial for the offence; or
(ii)
the court is satisfied, having regard to all the evidence before the court, that a reasonable jury, properly instructed, could lawfully find the person guilty of the offence.


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