Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 2002 - SECT 113

Giving notice if forfeiture ceases to have effect on quashing of a conviction

  (1)   This section applies in relation to particular property if:

  (a)   the property was forfeited to the Commonwealth under section   92 but the forfeiture ceases to have effect under section   107 or subsection   111(3); or

  (b)   the property was forfeited to the Commonwealth under section   92 but the forfeiture ceases to have effect in relation to that property under subsection   111(2).

  (2)   The * responsible authority for the * restraining order referred to in paragraph   92(1)(b) must, as soon as practicable after the forfeiture ceases to have effect, give written notice of the cessation to any person the authority reasonably believes may have had an * interest in that property immediately before the forfeiture.

  (3)   The * responsible authority must, if required by a court, give or publish notice of the cessation to a specified person or class of persons. The court may also specify the time and manner in which the notice is to be given or published.

  (4)   A notice given under this section must include a statement to the effect that a person claiming to have had an * interest in that property may apply under section   114 for the transfer of the interest, or its value, to the person.



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