Commonwealth Consolidated Acts Commonwealth Consolidated Acts (1)
Where an application is made to a court for a confiscation order in
respect of a person’s conviction of an offence, the court may, in
determining the application, have regard to the transcript of any proceeding
against the person for the offence and to the evidence given in any such
proceeding.
(2)
Where:
(a) an application is made for a confiscation order in respect of a
person’s conviction of an offence;
(b) the application is made to the court before which the person was
convicted; and
(c) the court has not, when the application is made, passed sentence on
the person for the offence;
the court may, if satisfied that it is reasonable
to do so in all the circumstances, defer passing sentence until it has
determined the application for the confiscation order.
(3)
Where:
(a) a person is to be taken to have been convicted of an offence by
reason of paragraph 5(1)(c); and
(b) an application is made to a court for a confiscation order in
respect of the conviction;
the reference in subsection (1) to a
proceeding against the person for the offence includes a reference to a
proceeding against the person for the other offence referred to in that
paragraph.