Tasmanian Consolidated Acts

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VICTIMS OF CRIME ASSISTANCE ACT 1976 - SECT 31

Discharge of forfeiture order
(1)  A forfeiture order is discharged if the conviction in reliance on which the order was made is subsequently quashed.
(2)  If the court that quashes the conviction also orders a new trial and the property that was subject to the discharged forfeiture order is still subject to a restraining order, the court may extend the period during which that restraining order is in force.
(3)  On the discharge of a forfeiture order, the person whose property was subject to the order may apply in writing to the Attorney-General for its return if it is not subject to a restraining order.
(4)  On receiving the application, the Attorney-General is to –
(a) cause the property to be returned to the applicant if it is still in the possession of the State; or
(b) pay the applicant the amount realised on disposal of the property in any other case.
(5)  The Attorney-General is to give notice of the discharge of a forfeiture order to each authority that registered the order pursuant to section 29 .


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