Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) The amount paid to a relevant court under section 117 (2) is payable to the Territory.
(2) However, the court may order the payment of part or all of the amount to a person (an innocent joint owner ) who was a joint owner of the property immediately before it was sold under this division if—
(a) the innocent joint owner was not a party to the offence (or a related offence) in relation to which the forfeiture was made; and
(b) the innocent joint owner's interest is not subject to the effective control of a person who committed the offence (or a related offence) (an offender ) in relation to which the forfeiture was made; and
Note For the meaning of effective control , see s 14.
(c) for property acquired completely or partly, or directly or indirectly, from an offender—the property was acquired honestly and for sufficient consideration and the innocent joint owner took reasonable care to establish that the property could be lawfully acquired by the innocent joint owner.
(3) For subsection (2), the court may have regard to any matter it considers appropriate, including the relationship between the offender and the innocent joint owner.