Commonwealth Consolidated Acts Commonwealth Consolidated Acts (1)
Where:
(a) a court makes a forfeiture order against property in reliance on a
person’s conviction of an offence; and
(b) the conviction is subsequently quashed;
the quashing of the
conviction discharges the order.
(1A) This
section does not apply if the conviction is quashed after the commencement of
the Proceeds of Crime Act 2002 .
Note:
Division 6 of
Part 2‑2 of the Proceeds of Crime Act 2002 applies in relation to
convictions quashed after that commencement: see subitem 21(1) of
Schedule 7 to the Proceeds of Crime (Consequential Amendments and
Transitional Provisions) Act 2002 .
(2)
Where a forfeiture order against property is discharged as provided by
subsection (1) or by a court hearing an appeal against the making of the
order, the DPP shall:
(a) as soon as practicable after the discharge of the order, give
written notice of the discharge of the forfeiture order to any person the DPP
has reason to believe may have had an interest in the property immediately
before the making of the forfeiture order; and
(b) if required to do so by a court—give or publish notice of the
discharge of the forfeiture order to a specified person or class of persons in
the manner and within the time that the court considers appropriate.
(3)
A notice under subsection (2) shall include a statement to the
effect that a person claiming an interest in the property may apply under
subsection (4) for the transfer of the interest to the person.
(4)
Where a forfeiture order against property is discharged as provided by
subsection (1) or by a court hearing an appeal against the making of the
order, any person who claims to have had an interest in the property
immediately before the making of the forfeiture order may apply to the
Minister, in writing, for the transfer of the interest to the person and, on
receipt of an application from a person who had an interest in the property
immediately before the making of the forfeiture order:
(a) if the interest is still vested in the Commonwealth—the
Minister shall arrange for the interest to be transferred to the person; or
(b) in any other case—there is payable to the person an amount
equal to the value of the interest.
(5)
Where the Minister is required by this section to arrange for property
to be transferred to a person, the Minister has power, on behalf of the
Commonwealth, to do, or authorise the doing of, anything necessary or
convenient to effect the transfer, including, without limiting the generality
of this, the execution of any instrument and the making of an application for
registration of an interest in the property on any appropriate register.