Proceeds of Crime Act 2002
CHAPTER 2
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THE CONFISCATION SCHEME
PART 2-2
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FORFEITURE ORDERS
Division 4
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Effect of forfeiture orders
SECTION 68
Second exception
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if a joint owner dies before the order was made
68(1)
Despite section 66 , if a person:
(a) was, immediately before his or her death, the joint owner of property specified in the * forfeiture order; but
(b) died before the order was made, but:
68(2)
Any such * restraining order is also taken to have continued to apply to the property as if the person had not died.
Despite section 66 , if a person:
(a) was, immediately before his or her death, the joint owner of property specified in the * forfeiture order; but
(b) died before the order was made, but:
(i) after the *responsible authority applied for the order; or
(ii) while a * restraining order covering the property was in force;
that property is taken to have vested in the Commonwealth immediately before the person ' s death.
View history note
Hide history note68(2)
Any such * restraining order is also taken to have continued to apply to the property as if the person had not died.
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