Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 18

    (1)     For this Act, a confiscation proceeding is finalised if—

        (a)     the proceeding lapses, or is withdrawn or struck out; or

        (b)     the appeal period for an appeal against the final judgment of the court hearing the proceeding ends without an appeal having been made against the judgment; or

        (c)     if an appeal against the final judgment is made within the appeal period—the appeal is dismissed, withdrawn or struck out, or the appeal is otherwise finalised (within the meaning of this subsection).

    (2)     For this Act, a criminal proceeding is finalised if—

        (a)     the offender is cleared of the offence to which the proceeding relates; or

        (b)     the offender is convicted of an offence to which the proceeding relates, and the appeal period for an appeal against the conviction or finding of guilty (however described) ends without an appeal having been made against it; or

        (c)     if an appeal is made against the conviction or finding of guilty (however described) within the appeal period—the appeal is dismissed, withdrawn or struck out, or the appeal is otherwise finalised (within the meaning of this subsection) without a retrial having been ordered; or

        (d)     if a retrial has been ordered—the proceeding on the retrial is finalised (within the meaning of this subsection).

    (3)     In this section:

"appeal period" means the period within which an appeal may be made without an extension of time or leave to make the appeal out of time.