Australian Capital Territory Numbered Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 67

    (1)     This section applies if, on an application under section 66 for an order for the forfeiture to the Territory of restrained property, the court is satisfied on the balance of probabilities that a person (the offender ) has committed a serious offence within whichever of the following periods applies (the relevant period ):

        (a)     6 years before the day the application to restrain the property was made;

        (b)     if an extended period for making the restraining order application was allowed under section 246 (Confiscation proceedings—time extensions for applications)—the total of the 6-year period and the extended period.

Note 1     The court must be satisfied on the balance of probabilities about the commission of the offence because confiscation proceedings are civil, not criminal (see s 237).

Note 2     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)     If this section applies, the relevant court must order that the restrained property be forfeited to the Territory.

    (3)     The order must state—

        (a)     the property to which it applies; and

        (b)     what the relevant court considers to be the value of the property (other than money) to be forfeited to the Territory under the order at the time the order is made; and

        (c)     if the relevant court making the order has given a direction under section 69 (Civil forfeiture order proceedings—restrictions on disclosure)—

              (i)     the direction given by the court; and

              (ii)     the effect of section 70 (Civil forfeiture orders—disclosure offences) in relation to the direction.

    (4)     To remove any doubt, if the relevant court is satisfied that the offender committed a serious offence within the relevant period, the court must not refuse to make a civil forfeiture order only because it is not satisfied—

        (a)     that a particular serious offence was committed by the offender within the relevant period; or

        (b)     that the offence was committed on any particular day or time within the relevant period.

    (5)     Also, to remove any doubt, the relevant court must not refuse to make a civil forfeiture order in relation to a serious offence only because—

        (a)     an indictment has not been presented against the offender for the offence; or

        (b)     the offender has not been convicted of the offence; or

        (c)     the offender has been cleared of the offence, including being cleared after having been convicted of the offence; or

        (d)     a doubt is raised about whether the offender committed the offence.