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CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 62
Relief from hardship for dependants
62 Relief from hardship for dependants
(1) If the Supreme Court is satisfied the operation of a forfeiture order will
cause hardship to a dependant of the person who will forfeit property under
the order, the court may— (a) order the State to pay to the dependant out of
the proceeds of the sale of the property the amount the court considers
necessary to prevent hardship to the dependant; and
(b) if the dependant is
under 18 years old, make the ancillary orders the court considers necessary
for ensuring the proper application of an amount to be paid to the dependant.
(2) The court must not make an order under subsection (1) in favour of an
adult dependant of a person whose serious crime related activity was the basis
for the forfeiture order concerned unless the court is satisfied the dependant
had no knowledge of any serious crime related activities of the person.
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