(1) The Commonwealth, and persons acting on its behalf, can dispose of, or
otherwise deal with, property forfeited under section 92 in relation to a
person's conviction of a * serious offence if and only if:
- (a)
- the period
applying under subsection (3) has come to an end; and
- (b)
- the conviction has not been * quashed by that time.
(2) However, such disposals and dealings may occur earlier with the leave of
the court and in accordance with any directions of the court.
(3) The period at the end of which the Commonwealth, and persons acting on its
behalf, can dispose of or otherwise deal with the property is:
- (a)
- if the
conviction is one in relation to which neither paragraph 331(1)(b) nor (c)
applies, the period ending:
- (i)
- if the period provided for lodging an appeal against the conviction has
ended without such an appeal having been lodgedat the end of that
period; or
- (ii)
- if an appeal against the conviction has been lodgedwhen the appeal
lapses or is finally determined; or
- (b)
- if the person is taken to have been convicted because of paragraph
331(1)(b), the period ending:
- (i)
- if the period provided for lodging an appeal against the finding of the
person guilty of the offence has ended without such an appeal having been
lodgedat the end of that period; or
- (ii)
- if an appeal against the finding of the person guilty of the offence has
been lodgedwhen the appeal lapses or is finally determined; or
- (c)
- if the person is taken to have been convicted because of paragraph
331(1)(c), the period ending:
- (i)
- if the period provided for lodging an appeal against the person's
conviction of the other offence referred to in that paragraph has ended
without such an appeal having been lodgedat the end of that period; or
- (ii)
- if an appeal against the person's conviction of the other offence
referred to in that paragraph has been lodgedwhen the appeal lapses or
is finally determined.