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CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 61 When automatic forfeiture under div 5.2 ends

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 61

When automatic forfeiture under div 5.2 ends

    (1)     Automatic forfeiture under this division ends if—

        (a)     the offender is cleared of the offence to which the forfeiture relates, and all related serious offences (if any); or

        (b)     the automatic forfeiture is fully satisfied.

Note     For the meaning of fully satisfied , see dict.

    (2)     Automatic forfeiture is satisfied for a particular interest in forfeited property if the interest is bought back under section 127 (Buyback orders—buying interest in property).

Note     After the forfeiture of property, the offender may recover the property or its value in certain circumstances (see div 9.5).

Note     For general provisions about a proceeding for a conviction forfeiture order (which is a confiscation proceeding—see s 236), see pt 14.