Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) Subject to subsection (2), where a court makes a forfeiture order against property, the property vests absolutely in the Territory.
(2) Where a forfeiture order is made against registrable property—
(a) the property vests in equity in the Territory but does not vest in the Territory at law until the applicable registration requirements have been complied with; and
(b) the Territory is entitled to be registered as owner of the property; and
(c) the Minister has power, on behalf of the Territory, to do, or authorise the doing of, anything necessary or convenient to obtain the registration of the Territory as owner, including, without limiting the generality of this, the execution of any instrument required to be executed by a person transferring an interest in property of that kind.
(3) Where a court makes a forfeiture order against property—
(a) the property shall not, except with the leave of the court and in accordance with any directions of the court, be disposed of, or otherwise dealt with, by or on behalf of the Territory, before the relevant time; and
(b) if, at the relevant time, the order has not been discharged, then, subject to any direction under subsection (4), the public trustee shall, as soon as practicable after the relevant time—
(i) if the property is money—after paying the public trustee's remuneration and other costs, charges and expenses of the kind referred to in section 59 payable to or incurred by it in connection with the restraining order, pay the remainder of the money to the trust fund as required by section 34; and
(ii) if the property is not money—sell or otherwise dispose of the property and, after paying the public trustee's remuneration and other costs, charges and expenses of the kind referred to in section 59 payable to or incurred by it in connection with the restraining order or the sale or disposition, pay the remainder of those proceeds to the trust fund as required by section 34.
(4) Where a court makes a forfeiture order against property, the Minister, or a prescribed officer authorised by the Minister for this subsection, may, at or after the relevant time but before the property is dealt with under subsection (3) (b), direct that the property be disposed of, or otherwise dealt with, as specified in the direction.
(5) Without limiting subsection (4), the directions that may be given under that subsection include a direction that property is to be disposed of in accordance with the provisions of a law specified in the direction.
(6) A reference in this section to the appeal period in relation to a person's conviction of an offence is—
(a) in a case where the person is to be taken to have been convicted of the offence by reason of section 5 (1) (b)—a reference to the appeal period in relation to the finding of the person guilty of the offence; and
(b) in a case where the person is to be taken to have been convicted of the offence by reason of section 5 (1) (c)—a reference to the appeal period in relation to the person's conviction of the other offence referred to in that paragraph.
(7) In this section:
"appeal period", in relation to a decision of a court or a finding, means the period ending—
(a) if the period provided for the lodging of an appeal against the decision or finding has ended without such an appeal having been lodged—at the end of that period; or
(b) if an appeal against the decision or finding has been lodged—when the appeal lapses or is finally determined.
"relevant time", in relation to a forfeiture order made in reliance on a person's conviction of an offence, means—
(a) the end of the appeal period in relation to the making of the forfeiture order; or
(b) the end of the appeal period in relation to the person's conviction;
whichever is the later.