Australian Capital Territory Numbered Acts

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CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 122

Return or compensation orders—application

    (1)     A person who held an interest in forfeited property immediately before its forfeiture may apply to a relevant court for a return or compensation order in relation to the interest.

    (2)     The application may be made only if 1 of the following events happens (a qualifying event ):

        (a)     if the interest was forfeited under a forfeiture order or automatic forfeiture—the person is cleared of the offence (and any related offences) to which the forfeiture related;

Note     For the meaning of cleared , see s 17.

        (b)     if the interest was forfeited under a forfeiture order—the proceeding in relation to the order is finalised and the order is overturned on appeal.

Note     For the meaning of finalised , see s 18.

    (3)     The application must be made within 14 days after—

        (a)     the day the qualifying event happens; or

        (b)     if the person only became aware of the qualifying event at a later time, and the delay in becoming aware of the event was not because of the person's neglect—the day the person became aware of the qualifying event.

Note     The court may allow leave for an application to be made after a time fixed by this section in certain circumstances (see s 246).



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