Australian Capital Territory Numbered Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 101

    (1)     The public trustee may sell restrained property if—

        (a)     the property is deteriorating or substantially losing value or the public trustee considers that the property is likely to deteriorate or substantially lose value; or

        (b)     the public trustee considers that the cost of maintaining the property would be more than the value of the property if the property were forfeited.

    (2)     The restraining order that applied to restrained property sold under this section applies to the proceeds of the sale of the property.

    (3)     The public trustee may modify or destroy restrained property if the public trustee considers it is necessary to do so in the public interest.

Examples of destruction of property in the public interest

1     the restrained property cannot be used legally or the only practical use of the property is for an illegal purpose

2     the restrained property is a threat to public health or safety

Note       An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).