Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-3 - FORFEITURE ON CONVICTION OF A SERIOUS OFFENCE  

Division 1 - Forfeiture on conviction of a serious offence  

SECTION 92   Forfeiting restrained property without a forfeiture order if a person has been convicted of a serious offence  

92(1)  
Property is forfeited to the Commonwealth at the end of the period applying under subsection (3) if:


(a) a person is convicted of a * serious offence; and


(b) either:


(i) at the end of that period, the property is covered by a * restraining order under section 17 or 18 against the person that relates to the offence; or

(ii) the property was covered by such a restraining order against the person, but the order was revoked under section 44 or the property was excluded from the order under that section; and


(c) the property is not subject to an order under section 94 excluding the property from forfeiture under this Part.

92(2)  
It does not matter whether:


(a) the * restraining order was made before or after the person ' s conviction of the * serious offence; or


(b) immediately before forfeiture, the property is the * person ' s property or another person ' s property.

92(3)  
The period at the end of which the property is forfeited is:


(a) the 6 month period starting on the *conviction day; or


(b) if an * extension order is in force at the end of that period - the extended period relating to that extension order.

92(4)  
This section does not apply if the person is taken to have been convicted of the offence because the person * absconded in connection with the offence.

92(5)  
A * restraining order in relation to a * related offence with which the person has been charged, or is proposed to be charged, is taken, for the purposes of this section, to be a restraining order in relation to the offence of which the person was convicted.

92(6)  
If:


(a) under section 44 , a * restraining order that covered particular property is revoked, or particular property is excluded from a restraining order; and


(b) the security referred to in paragraph 44(1)(e) , or the undertaking referred to in paragraph 44(2)(e) , in connection with the revocation or exclusion is still in force;

the property is taken, for the purposes of this section, to be covered by the restraining order.


 

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