Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

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

Division 2 - Effect of forfeiture on conviction of a serious offence  

SECTION 100   How must forfeited property be dealt with?  

100(1)  


If subsection 99(1) authorises disposal of or dealing with particular property forfeited under section 92 , the * Official Trustee must, on the Commonwealth ' s behalf and as soon as practicable:

(a)  dispose of any of the forfeited property that is not money; and

(b)  apply:


(i) any amounts received from that disposal; and

(ii) any of the forfeited property that is money;
to payment of its remuneration and other costs, charges and expenses of the kind referred to in subsection 288(1) payable to or incurred by it in connection with the disposal and with the * restraining order that covered the property; and

(ba)  

apply:

(i) any amounts received from that disposal; and

(ii) any of the forfeited property that is money;
to payment of an *associated GST entity ' s liability (if any) to pay *GST in connection with the disposal; and

(c)  credit the remainder of the money and amounts received to the * Confiscated Assets Account as required by section 296 .

100(2)  
However, if the * Official Trustee has not yet begun to deal with property forfeited under section 92 , as required by this section:

(a)  the Minister; or

(b)  a * senior Departmental officer authorised by the Minister for the purposes of this subsection;

may direct that the property be disposed of, or otherwise dealt with, as specified in the direction.

100(3)  
Such a direction could be that property is to be disposed of in accordance with the provisions of a specified law.

Note:

The quashing of a conviction of an offence relating to the forfeiture will prevent things being done under this section: see section 112 .




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