Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 78

    (1)     This section applies to an application for an exclusion order for unclaimed tainted property if—

        (a)     an unclaimed tainted property restraining order has been applied for in relation to the property; or

        (b)     the property has been restrained under an unclaimed tainted property restraining order (but not forfeited); or

        (c)     the property is subject to automatic forfeiture under division 5.3 (Automatic forfeiture—unclaimed tainted property).

    (2)     The court must not make an exclusion order unless the court is satisfied that—

        (a)     the applicant for the exclusion order has an interest in the property; and

Note     For the meaning of interest , see the Legislation Act

, dict, pt 1.

        (b)     the interest was lawfully acquired by the applicant; and

        (c)     the interest is not tainted property in relation to any offence against a territory law, or a law of the Commonwealth, a State, another Territory or a foreign country; and

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

        (d)     the interest is not required to be restrained to satisfy a penalty order; and

        (e)     the property does not have evidentiary value in any criminal proceeding.

    (3)     An exclusion order must state the property to which it applies.