Proceeds of Crime Act 2002
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(ii) the property was covered by such a restraining order against the person, but the order was revoked under section 44 or the property was excluded from the order under that section; and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.
View history note
Hide history note92(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.
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.
