Commonwealth Numbered Acts

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

Effect of court's decision on confirmation of forfeiture order

(1) If the court confirms the * forfeiture order under paragraph 84(1)(a), the order is taken not to be affected by the * quashing of the person's conviction of the offence. (2) If the court confirms the * forfeiture order under paragraph 84(1)(b):

(a)
to the extent that the order covers property that is:

(i)
in any case— * proceeds of the offence; or
(ii)
if the offence is a * terrorism offence—an * instrument of the offence;
the order is taken not to be affected by the * quashing of the person's conviction of the offence; but

(b)
to the extent that the order covers property that is:

(i)
in any case—not proceeds of the offence; and
(ii)
if the offence is a terrorism offence—not an instrument of the offence;
the order is discharged.

(3) If the court decides not to confirm the * forfeiture order, the order is discharged.



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