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CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 11

What is unclaimed tainted property

In this Act:

"unclaimed tainted property" means property that—

        (a)     is tainted property in relation to an offence; and

Note     For the meaning of in relation to , see dict.

        (b)     is not claimed by anyone;

even if it is not possible to identify the offence or an offender.

Examples of property that may be unclaimed tainted property

1     a large quantity of hydroponic equipment and lights for growing plants indoors that is found at premises suspected of being used for the production of drugs and that is not claimed by anyone

2     a large amount of money with traces of cocaine that is found in a house suspected of being used for drug dealing and that is not claimed by anyone

3     a large quantity of jewellery found in a car that has been recently used by several people and that is not claimed by anyone

4     a large amount of money found beneath a bridge in a bag that also contains traces of explosives

Note     A claim for property restrained under an unclaimed tainted property restraining order does not, of itself, change or end the restraining order, see s 46 (2).



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