Tasmanian Consolidated Acts
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CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 158
Value of property sold by State
(1) Forfeited property has no value in respect of satisfying an
unexplained wealth liability until it is sold by or on behalf of the State.
(2) If forfeited property is sold by or on behalf of the State, the
value of the property is taken to be the remainder (if any) of the proceeds of
the sale after the proceeds are applied to the following:
(a) firstly, any payment under section 172 in respect of the property,
unless the value of such a payment has been removed or deducted from the
property in some other way;
(b) secondly, the costs, charges and expenses arising from the sale of the
property;
(c) thirdly, if a specified restraining order is or was in force for the
property, expenses incurred in respect of the property by
(i) the State, the DPP, the Commissioner of Police or police officers while
the specified restraining order was in force; or
(ii) a person appointed under this Part to manage the property while the
specified restraining order was in force;
(d) fourthly, any expenses incurred in respect of the property by
(i) the State, the DPP, the Commissioner of Police or police officers after
the property was forfeited; or
(ii) a person appointed to manage the property after it was forfeited;
(e) fifthly, any bona fide charges or other encumbrances on the property.
(3) If the property is security for a mortgage that is also secured by
other property then, despite any other Act and any inconsistent term of the
mortgage, the extent of the security in relation to the sold property is the
proportion that the value of the sold property bore to the total value of all
the properties securing the mortgage at the time when the mortgage was entered
into.
(4) The value of forfeited property calculated under subsection (2)
is
(a) taken to be the value of the forfeited property; and
(b) to be deducted from the unexplained wealth liability of the respondent in
respect of which the property was forfeited.
(5) For the avoidance of doubt, the conversion of foreign currency is
taken to be the sale of that currency.
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