Australian Capital Territory Repealed Acts

This legislation has been repealed.

PROCEEDS OF CRIME ACT 1991 NO 103 (REPEALED) - SECT 21

    (1)         Where an application is made for a forfeiture order against particular property, a person who claims an interest in the property may apply, before the forfeiture order is made, to the court for an order under subsection (6).

    (2)         Subject to subsections (3) and (7), where a court makes a forfeiture order against property, a person who claims an interest in the property may apply to the court for an order under subsection (6).

    (3)         A person who—

        (a)     was given notice of the application for the forfeiture order; or

        (b)     appeared at the hearing of the application;

shall not make an application to a court under subsection (2) except with the leave of the court.

    (4)         The court may grant the person leave to apply if the court is satisfied that there are special grounds for granting the leave.

    (5)         Without limiting subsection (4), the court may grant a person leave to apply if the court is satisfied that—

        (a)     the person, for a good reason, did not attend the hearing of the application for the forfeiture order although the person had notice of the application; or

        (b)     particular evidence proposed to be adduced by the person in connection with the application under subsection (2) was not available to the person at the time of the hearing of the application for the forfeiture order.

    (6)         If a person applies to a court for an order under this subsection in respect of the applicant's interest in property and the court is satisfied that—

        (a)     the applicant was not, in any way, involved in the commission of an offence in respect of which forfeiture of the property is sought, or the forfeiture order against the property was made, as the case requires; and

        (b)     if the applicant acquired the interest at the time of or after the commission of such an offence—the applicant acquired the interest—

              (i)     for sufficient consideration; and

              (ii)     without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was, at the time of the acquisition, tainted property;

the court shall make an order—

        (c)     declaring the nature, extent and value (as at the time when the order is made) of the applicant's interest; and

        (d)     either—

              (i)     if the interest is still vested in the Territory—directing the Territory to transfer the interest to the applicant; or

              (ii)     declaring that the Territory is liable to pay to the applicant an amount equal to the value declared under paragraph (c).

    (7)         Subject to subsection (8), an application under subsection (2) shall be made before the end of the period of 6 months commencing on the day on which the forfeiture order is made.

    (8)         Where a forfeiture order is made against property, the court that made the forfeiture order may grant a person claiming an interest in the property leave to apply under subsection (2) outside the period referred to in subsection (7) if the court is satisfied that the person's failure to apply within that period was not due to any neglect on the part of the person.

    (9)         A person who makes an application under subsection (1) or (2) in respect of property shall give notice to the DPP and the Minister of the making of the application.

Note       If a form is approved under s 95 (Approved forms) for an application, the form must be used.

    (10)         The DPP shall be a party to any proceedings on an application under subsection (1) or (2) and the Minister may intervene in any such proceedings.