Australian Capital Territory Numbered Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 58

    (1)     This section applies if—

        (a)     a person is convicted of a serious offence; and

        (b)     a restraining order (other than an artistic profits restraining order) is made, whether before or after the conviction, over property in relation to the offence or a related serious offence committed by the person.

Note     A reference to a person generally includes a reference to a corporation as well as an individual, see Legislation Act, s 160. (See also the Legislation Act, dict, pt 1, def person .)

    (2)     The restrained property is forfeited to the Territory at the end of whichever of the following periods applies (the relevant
14-day period ), except so far as the property is excluded from forfeiture under an exclusion order:

        (a)     if the restraining order was made before the conviction—14 days after the day of conviction;

        (b)     if the restraining order was made at the same time as or after the conviction—14 days after the day the restraining order comes into force.

Note 1     For the commencement of a restraining order, see Legislation Act, s 73 (4).

Note 2     The effect of an exclusion order for property subject to forfeiture is that the property is excluded from forfeiture, see s 74 (c).

    (3)     However, if an application for an exclusion order in relation to the property, or a part of the property, has been made (but not decided) before the end of the relevant 14-day period, the property (or that part) is not forfeited until the proceeding in relation to the exclusion order is finalised.