PROCEEDS OF CRIME ACT 1987 - SECT 19 Forfeiture orders

PROCEEDS OF CRIME ACT 1987 - SECT 19

  (1)   Where:

  (a)   the DPP applies to a court for an order under this section against property in respect of a person's conviction of an offence; and

  (b)   the court is satisfied that the property is tainted property in respect of the offence;

the court may, if it considers it appropriate, order that the property, or such of the property as is specified by the court in the order, is forfeited to the Commonwealth.

  (2)   Where the court orders that property (other than money) is forfeited to the Commonwealth, the court shall specify in the order the amount that it considers to be the value of the property at the time when the order is made.

  (3)   In considering whether it is appropriate to make a forfeiture order in respect of particular property, the court may have regard to:

  (a)   any hardship that may reasonably be expected to be caused to any person by the operation of such an order; and

  (b)   the use that is ordinarily made, or was intended to be made, of the property.

  (4)   In considering whether it is appropriate to make a forfeiture order under subsection   ( 1) in respect of particular property, the court may also have regard to the gravity of the offence concerned.

  (5)   A court that makes a forfeiture order against property may, if it is satisfied that:

  (a)   it would not be contrary to the public interest for a person's interest in the property to be transferred to the person; and

  (b)   there is no other reason why the person's interest in the property should not be transferred to that person;

by order:

  (c)   declare the nature, extent and value (as at the time when the order is made) of the interest; and

  (d)   declare that the forfeiture order may, to the extent to which it relates to the interest, be discharged as provided by section   33.

  (6)   Where:

  (a)   the DPP applies for a forfeiture order against particular property in reliance on a person's conviction of an offence; and

  (b)   evidence is given, at the hearing of the application, that the property was in the person's possession at the time of, or immediately after, the commission of the offence;

then:

  (c)   if no evidence is given that tends to show that the property was not used in, or in connection with, the commission of the offence--the court shall presume that the property was used in, or in connection with, the commission of the offence; or

  (d)   in any other case--the court shall not make a forfeiture order against the property unless it is satisfied that the property was used in, or in connection with, the commission of the offence.

  (7)   Where a court makes a forfeiture order, the court has power to give all directions that are necessary or convenient for giving effect to the order.

  (8)   Without limiting the generality of subsection   ( 7), where a court makes a forfeiture order against registrable property, the court may direct an officer of the court to do anything necessary and reasonable to obtain possession of any document necessary for the transfer of the property.