Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-2 - FORFEITURE ORDERS  

Division 1 - Making forfeiture orders  

SECTION 48   Forfeiture orders - convictions for indictable offences  

48(1)  
A court with * proceeds jurisdiction must make an order that property specified in the order is forfeited to the Commonwealth if:


(a) a *proceeds of crime authority applies for the order; and


(b) a person has been convicted of one or more * indictable offences; and


(c) the court is satisfied that the property to be specified in the order is * proceeds of one or more of the offences.

48(2)  
A court with * proceeds jurisdiction may make an order that property specified in the order is forfeited to the Commonwealth if:


(a) a *proceeds of crime authority applies for the order; and


(b) a person has been convicted of one or more * indictable offences; and


(c) subsection (1) does not apply; and


(d) the court is satisfied that the property to be specified in the order is an * instrument of one or more of the offences.

48(3)  
In considering whether it is appropriate to make an order under subsection (2) in respect of particular property, the court may have regard to:


(a) any hardship that may reasonably be expected to be caused to any person by the operation of the order; and


(b) the use that is ordinarily made, or was intended to be made, of the property to be specified in the order; and


(c) the gravity of the offence or offences concerned.

Note:

Section 52 limits the court ' s power to make a forfeiture order if one or more of the person ' s convictions were due to the person absconding.




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