Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) If forfeited property is money, the public trustee and guardian must pay the money into the trust fund.
(2) The public trustee and guardian must sell or otherwise dispose of forfeited property (other than money) as soon as practicable after—
(a) the end of 14 days after the day the property was forfeited; and
(b) the property has vested at law in the Territory; and
(c) the public trustee and guardian has control of the property; and
(d) if applicable—the end of 14 days after all confiscation proceedings in relation to the property have been finalised.
Note 1 A restraining order stops applying to property when the property vests in law in the Territory and the public trustee and guardian takes control of the property (see s 45 (1) (b)).
Note 2 The 14-day periods reflect the application periods for return or compensation orders under div 9.5 and buy-back orders under div 9.6.
Note 3 For the sale of jointly owned property, see s 116.
(3) However, the Minister may, after all confiscation proceedings in relation to forfeited property are finalised and before the public trustee and guardian deals with the property under subsection (1) or (2), direct that the property be dealt with in accordance with the direction (including in accordance with a law stated in the direction).
(4) The public trustee and guardian must comply with the Minister's direction.
(5) Also, if the DPP tells the public trustee and guardian that forfeited property has evidentiary value in a criminal proceeding, the property must not be sold or otherwise disposed of before the criminal proceeding is finalised, other than—
(a) for the purpose of vesting the property at law in the Territory or allowing the public trustee and guardian to take control of the property; or
(b) in accordance with a written direction of the DPP.
Note For general provisions about a proceeding for an order under this section (which is a confiscation proceeding—see s 236), see pt 14.