Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 75

    (1)     This section applies to—

        (a)     restrained property (other than restrained property that has been forfeited or used to satisfy an unexplained wealth order) or property in relation to which an application for a restraining order has been made; or

        (b)     property in relation to which an application for a conviction forfeiture order has been made; or

        (c)     property subject to forfeiture under this Act.

Note     See the notes to s 72.

    (2)     A person claiming an interest in the property may apply to a relevant court for an exclusion order.

    (3)     The application must be made—

        (a)     if a restraining order or conviction forfeiture order has been applied for (but not made) in relation to the property—at the same time as, or after, the application is made for the order but before the order is made; or

        (b)     if the property is restrained or subject to forfeiture—at any time before the property is forfeited or used to satisfy an unexplained wealth order.

    (4)     To remove any doubt, an application for an exclusion order cannot be made in relation to property that has been forfeited or used to satisfy an unexplained wealth order.