Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 2002 - SECT 107

The effect on forfeiture of convictions being quashed

  (1)   A forfeiture of property to the Commonwealth under section   92 in relation to a person's conviction of an offence ceases to have effect if:

  (a)   the person's conviction of the offence is subsequently * quashed; and

  (b)   the forfeiture does not also relate to the person's conviction of other offences that have not been quashed; and

  (c)   the * responsible authority does not, within 14 days after the conviction is quashed, apply to the court that made the * restraining order referred to in paragraph   92(1)(b) for the forfeiture to be confirmed.

  (2)   However, unless and until a court decides otherwise on such an application, the * quashing of the conviction does not affect the forfeiture:

  (a)   for 14 days after the conviction is quashed; and

  (b)   if the * responsible authority makes such an application.



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