Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection ( 2), where a court makes a forfeiture order against property, the property vests absolutely in the Commonwealth.
(2) Where a forfeiture order is made against registrable property:
(a) the property vests in equity in the Commonwealth but does not vest in the Commonwealth at law until the applicable registration requirements have been complied with;
(b) the Commonwealth is entitled to be registered as owner of the property; and
(c) the Minister has power, on behalf of the Commonwealth, to do, or authorise the doing of, anything necessary or convenient to obtain the registration of the Commonwealth 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.
(2A) If a forfeiture order has been made against registrable property:
(a) the DPP has power, on behalf of the Commonwealth, to do anything necessary or convenient to give notice of, or otherwise protect, the equitable interest of the Commonwealth in the property; and
(b) any such action by or on behalf of the Commonwealth is not a dealing for the purposes of paragraph ( 3)(a).
(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 Commonwealth, before the relevant time; and
(b) if, at the relevant time, the order has not been discharged, then, subject to any direction under subsection ( 3A), the Official Trustee must, as soon as practicable after the relevant time:
(i) if the property is money--after paying the Official Trustee's remuneration and other costs, charges and expenses of the kind referred to in subsection 55(1) payable to or incurred by it in connection with the restraining order, credit the amount of the remainder of the money to the Confiscated Assets Special Account as required by section 34B; and
(ii) if the property is not money--sell or otherwise dispose of the property and, after paying the Official Trustee's remuneration and other costs, charges and expenses of the kind referred to in subsection 55(1) payable to or incurred by it in connection with the restraining order or the sale or disposition, credit the amount of the remainder of those proceeds to the Confiscated Assets Special Account as required by section 34B.
(3A) Where a court makes a forfeiture order against property, the Minister , or a prescribed officer authorised by the Minister for the purposes of this subsection, may, at or after the relevant time but before the property is dealt with under paragraph ( 3)(b), direct that the property be disposed of, or otherwise dealt with, as specified in the direction.
(4) Without limiting the generality of subsection ( 3A), the directions that may be given pursuant to that subsection include a direction that property is to be disposed of in accordance with the provisions of a law specified in the direction.
(5) 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 paragraph 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 paragraph 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.
(6) 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.