Commonwealth Consolidated Acts Commonwealth Consolidated Acts (1)
Subject to subsection (2), where a court makes a forfeiture order
against property, the property vests absolutely in the Commonwealth.
(2)
Where a forfeiture order is made against registrable property:
(a) the property vests in equity in the Commonwealth but does not vest
in the Commonwealth at law until the applicable registration requirements have
been complied with;
(b) the Commonwealth is entitled to be registered as owner of the
property; and
(c) the Minister has power, on behalf of the Commonwealth, to do, or
authorise the doing of, anything necessary or convenient to obtain the
registration of the Commonwealth as owner, including, without limiting the
generality of this, the execution of any instrument required to be executed by
a person transferring an interest in property of that kind.
(2A) If a
forfeiture order has been made against registrable property:
(a) the DPP has power, on behalf of the Commonwealth, to do anything
necessary or convenient to give notice of, or otherwise protect, the equitable
interest of the Commonwealth in the property; and
(b) any such action by or on behalf of the Commonwealth is not a
dealing for the purposes of paragraph (3)(a).
(3)
Where a court makes a forfeiture order against property:
(a) the property shall not, except with the leave of the court and in
accordance with any directions of the court, be disposed of, or otherwise
dealt with, by or on behalf of the Commonwealth, before the relevant time; and
(b) if, at the relevant time, the order has not been discharged, then,
subject to any direction under subsection (3A), the Official Trustee
must, as soon as practicable after the relevant time:
(i) if the property is money—after paying the Official
Trustee’s remuneration and other costs, charges and expenses of the kind
referred to in subsection 55(1) payable to or incurred by it in connection
with the restraining order, credit the amount of the remainder of the money to
the Confiscated Assets Special Account as required by section 34B; and
(ii) if the property is not money—sell or otherwise dispose of
the property and, after paying the Official Trustee’s remuneration and
other costs, charges and expenses of the kind referred to in subsection 55(1)
payable to or incurred by it in connection with the restraining order or the
sale or disposition, credit the amount of the remainder of those proceeds to
the Confiscated Assets Special Account as required by section 34B.
(3A) Where a
court makes a forfeiture order against property, the Attorney‑General,
or a prescribed officer authorised by the Attorney‑General for the
purposes of this subsection, may, at or after the relevant time but before the
property is dealt with under paragraph (3)(b), direct that the property
be disposed of, or otherwise dealt with, as specified in the direction.
(4)
Without limiting the generality of subsection (3A), the directions
that may be given pursuant to that subsection include a direction that
property is to be disposed of in accordance with the provisions of a law
specified in the direction.
(5)
A reference in this section to the appeal period in relation to a
person’s conviction of an offence is:
(a) in a case where the person is to be taken to have been convicted of
the offence by reason of paragraph 5(1)(b)—a reference to the
appeal period in relation to the finding of the person guilty of the offence;
and
(b) in a case where the person is to be taken to have been convicted of
the offence by reason of paragraph 5(1)(c)—a reference to the
appeal period in relation to the person’s conviction of the other
offence referred to in that paragraph.
(6)
In this section:
"appeal period" , in relation to a decision of a court or a finding, means the
period ending:
(a) if the period provided for the lodging of an appeal against the
decision or finding has ended without such an appeal having been
lodged—at the end of that period; or
(b) if an appeal against the decision or finding has been
lodged—when the appeal lapses or is finally determined.
"relevant time" , in relation to a forfeiture order made in reliance on a
person’s conviction of an offence, means:
(a) the end of the appeal period in relation to the making of the
forfeiture order; or
(b) the end of the appeal period in relation to the person’s
conviction;
whichever is the later.