(1) Property is forfeited to the Commonwealth at the end of the period
applying under subsection (3) if:
- (a)
- the person is convicted of a *
serious offence; and
- (b)
- either:
- (i)
- at the end of that period, the property is covered by a *
restraining order against the person that relates to the offence; or
- (ii)
- the property was covered by such a restraining order against the person,
but the order was revoked under section 44 or the property was excluded
from the order under that section; and
- (c)
- the property is not subject to an order under section 94 excluding
the property from forfeiture under this Part.
(2) It does not matter whether:
- (a)
- the * restraining order was made before
or after the person's conviction of the * serious offence; or
- (b)
- immediately before forfeiture, the property is the * person's property or
another person's property.
(3) The period at the end of which the property is forfeited is:
- (a)
- the 6
month period starting on the day of the conviction; or
- (b)
- if an * extension order is in force at the end of that periodthe
extended period relating to that extension order.
(4) This section does not apply if the person is taken to have been convicted
of the offence because the person * absconded in connection with the offence.
(5) A * restraining order in relation to a * related offence with which the
person has been charged, or is proposed to be charged, is taken, for the
purposes of this section, to be a restraining order in relation to the offence
of which the person was convicted.
(6) If:
- (a)
- under section 44, a * restraining order that covered
particular property is revoked, or particular property is excluded from a
restraining order; and
- (b)
- the security referred to in paragraph 44(1)(e), or the undertaking
referred to in paragraph 44(2)(e), in connection with the revocation or
exclusion is still in force;
the property is taken, for the purposes of this section, to be covered by the
restraining order.