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 99   When can the Commonwealth begin dealing with forfeited property?  

99(1)  
The Commonwealth, and persons acting on its behalf, can dispose of, or otherwise deal with, property forfeited under section 92 in relation to a person ' s conviction of a * serious offence if and only if:

(a)  the period applying under subsection (3) has come to an end; and

(b)  the conviction has not been * quashed by that time.

99(2)  
However, such disposals and dealings may occur earlier with the leave of the court and in accordance with any directions of the court.

99(3)  
The period at the end of which the Commonwealth, and persons acting on its behalf, can dispose of or otherwise deal with the property is:

(a)  if the conviction is one in relation to which neither paragraph 331(1)(b) nor (c) applies, the period ending:


(i) if the period provided for lodging an appeal against the conviction has ended without such an appeal having been lodged - at the end of that period; or

(ii) if an appeal against the conviction has been lodged - when the appeal lapses or is finally determined; or

(b)  if the person is taken to have been convicted because of paragraph 331(1)(b) , the period ending:


(i) if the period provided for lodging an appeal against the finding of the person guilty of the offence has ended without such an appeal having been lodged - at the end of that period; or

(ii) if an appeal against the finding of the person guilty of the offence has been lodged - when the appeal lapses or is finally determined; or

(c)  if the person is taken to have been convicted because of paragraph 331(1)(c) , the period ending:


(i) if the period provided for lodging an appeal against the person ' s conviction of the other offence referred to in that paragraph has ended without such an appeal having been lodged - at the end of that period; or

(ii) if an appeal against the person ' s conviction of the other offence referred to in that paragraph has been lodged - when the appeal lapses or is finally determined.
Controlled property

99(4)  


If property forfeited under section 92 is controlled property for the purposes of Division 3 of Part 4-1 , this section does not prevent or limit the exercise of powers or performance of duties by the *Official Trustee under that Division.



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