Tasmanian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 153

Co-owned forfeited property
(1)  If property is, or is to be, forfeited property and the respondent to the unexplained wealth declaration in respect of which the property is, or is to be, forfeited is one of the co-owners of the property, the Supreme Court is to order that the whole of the property is forfeited property unless –
(a) the property is divisible; or
(b) another co-owner pays out the proportion that the Court finds to be the respondent's share of the property; or
(c) it is otherwise practical for only the respondent's share to be forfeited.
(2)  Property used to make a payment under subsection (1)(b) is taken to be forfeited property on the same terms as the forfeited property, the share of which was paid out.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback