Tasmanian Consolidated Acts

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CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 15

Procedure on applications
(1)  A court to which an application is made for a confiscation order in respect of a person's conviction of an offence may, in determining the application, have regard to the transcript of any proceedings against the person for the offence.
(2)  If –
(a) an application is made for a confiscation order in respect of a person's conviction of an offence; and
(b) the application is made to the court before which the person was convicted; and
(c) the court has not passed sentence on the person for the offence
the court may, if it is satisfied that it is reasonable to do so, defer passing sentence until it has determined the application for the confiscation order.
(3)  If –
(a) a person is taken to have been convicted of an offence by reason of section 5 (1) (c) ; and
(b) an application is made to a court for a confiscation order in respect of the conviction –
the reference in subsection (1) to proceedings against the person for the offence is to be taken to include a reference to proceedings against the person for the other offence referred to in section 5 (1) (c) .


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