Australian Capital Territory Numbered Acts

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CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 237

Confiscation and corresponding law order proceedings are civil, not criminal

    (1)     This section applies to—

        (a)     a confiscation proceeding; and

        (b)     a proceeding under part 11 (Interstate orders) in relation to a corresponding law order.

    (2)     The proceeding is a civil proceeding, not a criminal proceeding.

    (3)     Without limiting subsection (2)—

        (a)     any rules of interpretation applying only to the criminal law do not apply to the interpretation of the provisions of this Act or any other Territory law in relation to the proceeding; and

        (b)     the rules of evidence applying to a civil proceeding apply to the proceeding, and the rules of evidence applying to a criminal proceeding do not apply.

Example for par (b)

In hearing an application for a civil forfeiture order, whether the offender committed a serious offence is to be decided by the court on the balance of probabilities.

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).



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