Commonwealth Consolidated Acts

PROCEEDS OF CRIME ACT 2002 - SECT 54

    If:

  (a)   a * proceeds of crime authority applies for:

  (i)   a * forfeiture order under section   47 or 49 against particular property in relation to a person's commission of a * serious offence; or

  (ii)   a forfeiture order under section   48 against particular property in relation to a person's conviction of an * indictable offence; and

  (b)   evidence is given, at the hearing of the application, that the property was in the person's possession at the time of, or immediately after, the person committed the offence;

then:

  (c)   if no evidence is given that tends to show that the property was not used in, or in connection with, the commission of the offence--the court must presume that the property was used in, or in connection with, the commission of the offence; or

  (d)   in any other case--the court must not make a forfeiture order against the property unless it is satisfied that the property was used or intended to be used in, or in connection with, the commission of the offence.