Commonwealth Consolidated Acts Commonwealth Consolidated Acts
Where a person is, by reason of paragraph 5(1)(d), to be taken to have been
convicted of an indictable offence, a court shall not make a confiscation
order in reliance on the person’s conviction of the offence unless the
court is satisfied, on the balance of probabilities, that the person has
absconded and:
(a) the person has been committed for trial for the offence; or
(b) the court is satisfied, having regard to all the evidence before
the court, that a reasonable jury, properly instructed, could lawfully find
the person guilty of the offence.