Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 2002 - SECT 85

Effect of court's decision on confirmation of forfeiture order

  (1)   If the court confirms the * forfeiture order under paragraph   84(1)(a), the order is taken not to be affected by the * quashing of the person's conviction of the offence.

  (2)   If the court confirms the * forfeiture order under paragraph   84(1)(b):

  (a)   to the extent that the order covers property that is:

  (i)   in any case-- * proceeds of the offence; or

  (ii)   if the offence is a * serious offence--an * instrument of the offence;

    the order is taken not to be affected by the * quashing of the person's conviction of the offence; but

  (b)   to the extent that the order covers property that is:

  (i)   in any case--not proceeds of the offence; and

  (ii)   if the offence is a serious offence--not an instrument of the offence;

    the order is discharged.

  (3)   If the court decides not to confirm the * forfeiture order, the order is discharged.



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