Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-3 - FORFEITURE ON CONVICTION OF A SERIOUS OFFENCE  

Division 4 - The effect on forfeiture of convictions being quashed  

SECTION 107   The effect on forfeiture of convictions being quashed  

107(1)  
A forfeiture of property to the Commonwealth under section 92 in relation to a person ' s conviction of an offence ceases to have effect if:


(a) the person ' s conviction of the offence is subsequently * quashed; and


(b) the forfeiture does not also relate to the person ' s conviction of other offences that have not been quashed; and


(c) the *responsible authority does not, within 14 days after the conviction is quashed, apply to the court that made the * restraining order referred to in paragraph 92(1)(b) for the forfeiture to be confirmed.

107(2)  
However, unless and until a court decides otherwise on such an application, the * quashing of the conviction does not affect the forfeiture:


(a) for 14 days after the conviction is quashed; and


(b) if the *responsible authority makes such an application.




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