Commonwealth Numbered Acts

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PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 87

Giving notice if a forfeiture order is discharged on appeal or by quashing of a conviction

(1) This section applies in relation to particular property if:

(a)
a * forfeiture order that covered that property is discharged by a court hearing an appeal against the making of the order; or

(b)
a forfeiture order that covered that property is discharged under section 81 or subsection 85(3); or

(c)
a forfeiture order that covered the property is discharged under subsection 85(2) in relation to that property.

(2) The * DPP must, as soon as practicable, give written notice of the discharge to any person the DPP reasonably believes may have had an * interest in that property immediately before the order was made. (3) The * DPP must, if required by a court, give or publish notice of the discharge to a specified person or class of persons. The court may also specify the time and manner in which the notice is to be given or published. (4) A notice given under this section must include a statement to the effect that a person claiming to have had an * interest in that property may apply under section 88 for the transfer of the interest, or its value, to the person.



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