Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts17. Where a person is, by reason of paragraph 5 (1) (d), to be taken to have been convicted of an indictable offence, a court shall not make a confiscation order in reliance on the person's conviction of the offence unless the court is satisfied, on the balance of probabilities, that the person has absconded and—
(a) the person has been committed for trial for the offence; or
(b) the court is satisfied, having regard to all the evidence before it, that a reasonable jury, properly instructed, could lawfully find the person guilty of the offence.