Proceeds of Crime Act 2002
CHAPTER 2
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THE CONFISCATION SCHEME
PART 2-3
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FORFEITURE ON CONVICTION OF A SERIOUS OFFENCE
Division 1
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Forfeiture on conviction of a serious offence
SECTION 94
Excluding property from forfeiture under this Part
94(1)
The court that made a * restraining order referred to in paragraph 92(1)(b) must make an order excluding particular property from forfeiture under this Part if:
(a) a person (the applicant ) has applied for an order under this section; and
(b) the court is satisfied that the applicant has an *interest in property covered by the restraining order; and
(c) (Repealed by No 4 of 2010)
(d) a person has been convicted of a * serious offence to which the restraining order relates; and
(e) the court is satisfied that the applicant's interest in the property is neither * proceeds of * unlawful activity nor an * instrument of unlawful activity; and
(f) the court is satisfied that the applicant ' s interest in the property was lawfully acquired.
94(2)
To avoid doubt, an order under this section cannot be made in relation to property if the property has already been forfeited under this Part. 94(3)
The person must give written notice to the *responsible authority of both the application and the grounds on which the order is sought.
94(4)
The *responsible authority may appear and adduce evidence at the hearing of the application.
94(5)
The *responsible authority must give the applicant notice of any grounds on which it proposes to contest the application. However, the authority need not do so until it has had a reasonable opportunity to conduct *examinations in relation to the application.
94(6)
The application must not be heard until the *responsible authority has had a reasonable opportunity to conduct *examinations in relation to the application.
The court that made a * restraining order referred to in paragraph 92(1)(b) must make an order excluding particular property from forfeiture under this Part if:
(a) a person (the applicant ) has applied for an order under this section; and
(b) the court is satisfied that the applicant has an *interest in property covered by the restraining order; and
(c) (Repealed by No 4 of 2010)
(d) a person has been convicted of a * serious offence to which the restraining order relates; and
(e) the court is satisfied that the applicant's interest in the property is neither * proceeds of * unlawful activity nor an * instrument of unlawful activity; and
(f) the court is satisfied that the applicant ' s interest in the property was lawfully acquired.
View history note
Hide history noteTo avoid doubt, an order under this section cannot be made in relation to property if the property has already been forfeited under this Part. 94(3)
The person must give written notice to the *responsible authority of both the application and the grounds on which the order is sought.
The *responsible authority may appear and adduce evidence at the hearing of the application.
The *responsible authority must give the applicant notice of any grounds on which it proposes to contest the application. However, the authority need not do so until it has had a reasonable opportunity to conduct *examinations in relation to the application.
The application must not be heard until the *responsible authority has had a reasonable opportunity to conduct *examinations in relation to the application.
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