Commonwealth Consolidated Acts

PROCEEDS OF CRIME ACT 2002 - SECT 47

             (1)  A court with ^* proceeds jurisdiction must make an order that property specified in the order is forfeited to the Commonwealth if:

                     (a)  the ^* DPP applies for the order; and

                     (b)  the property to be specified in the order is covered by a ^* restraining order under section 18 that has been in force for at least 6 months; and

                     (c)  the court is satisfied that:

                              (i)  a person whose conduct or suspected conduct formed the basis of the restraining order engaged in conduct constituting one or more ^* serious offences; and

                             (ii)  for each such suspected offence that is not a ^* terrorism offence--the offence was committed within the 6 years preceding the application for the restraining order, or since that application was made .

Note:          The order can be made before the end of the period of 6 months referred to in paragraph (1)(b) if it is made as a consent order: see section 316.

             (2)  A finding of the court for the purposes of paragraph (1)(c) need not be based on a finding as to the commission of a particular offence, and can be based on a finding that some ^* serious offence or other was committed.

             (3)  The raising of a doubt as to whether a person engaged in conduct constituting a ^* serious offence is not of itself sufficient to avoid a finding by the court under paragraph (1)(c).