Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-2 - FORFEITURE ORDERS  

Division 6 - The effect on forfeiture orders of acquittals and quashing of convictions  

SECTION 81   Discharge of forfeiture order made under section 48 on quashing of conviction  

View history reference

81(1)    
A * forfeiture order made under section 48 in relation to a person ' s conviction of an offence is discharged if:

(a) the person ' s conviction of the offence is subsequently * quashed (whether or not the order relates to the person ' s conviction of other offences that have not been quashed); and

(b) the *responsible authority does not, within 14 days after the conviction is quashed, apply to the court that made the order for the order to be confirmed.

View history reference

 View history note

 Hide history note

History

S 81(1) amended by No 174 of 2011, s 3 and Sch 2 item 58, by substituting " *responsible authority " for " *DPP " in para (b), effective 1 January 2012. For application provisions see note under s 315B .

81(2)    
However, unless and until a court decides otherwise on such an application, the * quashing of the conviction does not affect the * forfeiture order:

(a) for 14 days after the conviction is quashed; and

(b) if the *responsible authority makes such an application.

View history reference

 View history note

 Hide history note

History

S 81(2) amended by No 174 of 2011, s 3 and Sch 2 item 58, by substituting " *responsible authority " for " *DPP " in para (b), effective 1 January 2012. For application provisions see note under s 315B .

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.