Australian Capital Territory Repealed Acts

This legislation has been repealed.

PROCEEDS OF CRIME ACT 1991 NO 103 (REPEALED) - SECT 14

    (1)         Where a person is convicted of an indictable offence, the DPP may, subject to subsections (2), (3) and (4), apply to an appropriate court for 1 or both of the following orders:

        (a)     a forfeiture order against property that is tainted property in respect of the offence;

        (b)     a pecuniary penalty order against the person in respect of benefits derived by the person from the commission of the offence.

    (2)         The DPP is not empowered to make an application after the end of the relevant application period in relation to the conviction.

    (3)         The DPP is not empowered to make an application to a court under subsection (1) for a forfeiture order against property in respect of a person's conviction of an offence if—

        (a)     an application has previously been made—

              (i)     under that subsection; or

              (ii)     under another Territory law;

for forfeiture or condemnation of the property in respect of the offence; and

        (b)     the application has been finally determined on the merits;

except with the leave of the court.

    (4)         The DPP is not empowered to make an application to a court under subsection (1) for a pecuniary penalty order against a person in respect of benefits derived by the person from the commission of an offence if—

        (a)     an application has previously been made—

              (i)     under that subsection; or

              (ii)     under another Territory law;

for a pecuniary penalty in respect of those benefits derived by the person from the commission of the offence; and

        (b)     the application has been finally determined on the merits;

except with the leave of the court.

    (5)         The court shall not grant leave under subsection (3) or (4) unless satisfied that—

        (a)     the tainted property, or the benefit, to which the new application relates was identified only after the first application was determined; or

        (b)     necessary evidence became available only after the first application was determined; or

        (c)     the court is otherwise satisfied that it is in the interests of justice to grant the leave.

    (6)         An application may be made under this section in relation to 1 or more indictable offence.

    (7)         An application may be made under this section for a pecuniary penalty order in respect of an offence even if section 28 applies to the offence.