Commonwealth Consolidated Acts Commonwealth Consolidated Acts (1)
Where a person is convicted of an indictable offence, the DPP may,
subject to subsections (2), (3) and (4) apply to an appropriate court for
one or both of the following orders:
(a) a forfeiture order against property that is tainted property in
respect of the offence;
(b) a pecuniary penalty order against the person in respect of benefits
derived by the person from the commission of the offence.
(2)
The DPP:
(a) is not empowered to make an application after the end of the
relevant application period in relation to the conviction; and
(b) is not empowered to make an application after the commencement of
the Proceeds of Crime Act 2002 unless some or all of the property which could
be used to satisfy the order is property in respect of which a restraining
order is in force.
(3)
The DPP is not empowered to make an application to a court under
subsection (1) for a forfeiture order against property in respect of a
person’s conviction of an offence if:
(a) an application has previously been made:
(i) under that subsection;
(ii) under another law of the Commonwealth; or
(iii) under a law of a Territory;
for forfeiture or condemnation of the property in respect of the offence; and
(b) the application has been finally determined on the merits;
except
with the leave of the court.
(4)
The DPP is not empowered to make an application to a court under
subsection (1) for a pecuniary penalty order against a person in respect
of benefits derived by the person from the commission of an offence if:
(a) an application has previously been made:
(i) under that subsection;
(ii) under another law of the Commonwealth; or
(iii) under a law of a Territory;
for a pecuniary penalty in respect of those benefits derived by the person
from the commission of the offence; and
(b) the application has been finally determined on the merits;
except
with the leave of the court.
(5)
The court shall not grant leave under subsection (3) or (4) unless
satisfied that:
(a) the tainted property, or the benefit, to which the new application
relates was identified only after the first application was determined;
(b) necessary evidence became available only after the first
application was determined; or
(c) the court is otherwise satisfied that it is in the interests of
justice to grant the leave.
(6)
An application may be made under this section in relation to one or
more indictable offences.
(7)
An application may be made under this section for a pecuniary penalty
order in respect of an offence even if section 30 applies to the offence.