Australian Capital Territory Numbered Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 83

    (1)     The DPP may apply to a relevant court for a penalty order in relation to the commission of an indictable offence by an offender.

Note 1     Commission , of a serious offence, includes the alleged commission of the offence, see s 79.

Note 2     Indictable offence includes an offence against the law of the Commonwealth, a State or another Territory that may be dealt with under a law of the Commonwealth, the State or the other Territory as an indictable offence (see s 13 (2)).

Note 3     Offender includes a corporation, see dict.

    (2)     The application may be made before or after, or at the same time as, any conviction of the offender for the offence.

    (3)     However, if the person has been convicted of the offence, the DPP must make the application within 2 years after the day of the conviction.

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

    (4)     Subsection (3) does not apply to an application for an artistic profits restraining order.