Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-2 - FORFEITURE ORDERS  

Division 5 - Reducing the effect of forfeiture orders  

Subdivision C - Compensating for proportion of property not derived or realised from commission of any offence  

SECTION 77   Making compensation orders  

77(1)  


A court that made a *forfeiture order, or that is hearing, or is to hear, an application for a forfeiture order, must make an order under subsection (2) (a compensation order ) if:


(a) a person (the applicant ) has applied for a compensation order; and


(b) the court is satisfied that the applicant has an *interest in property specified in the forfeiture order or in the application for the forfeiture order; and


(c) the court is satisfied that a proportion of the value of the applicant's interest was not derived or realised, directly or indirectly, from the commission of any offence; and


(d) the court is satisfied that the applicant's interest is not an instrument of any offence; and


(e) in the case of a court that is hearing or is to hear an application for a forfeiture order - the court makes the forfeiture order.

77(2)  
A * compensation order must:


(a) specify the proportion found by the court under paragraph (1)(c); and


(b) direct the Commonwealth, once the property has vested absolutely in it, to:


(i) if the property has not been disposed of - dispose of the property; and

(ii) pay the applicant an amount equal to that proportion of the difference between the amount received from disposing of the property and the sum of any payments of the kind referred to in paragraph 70(1)(b) in connection with the * forfeiture order.



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