PROCEEDS OF CRIME ACT 2002 - SECT 49 Forfeiture orders--property suspected of being proceeds of indictable offences etc.

PROCEEDS OF CRIME ACT 2002 - SECT 49

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

  (a)   the * responsible authority for a * restraining order under section   19 that covers the property applies for an order under this subsection; and

  (b)   the restraining order has been in force for at least 6 months; and

  (c)   the court is satisfied that one or more of the following applies:

  (i)   the property is * proceeds of one or more * indictable offences;

  (ii)   the property is proceeds of one or more * foreign indictable offences;

  (iii)   the property is proceeds of one or more * indictable offences of Commonwealth concern;

  (iv)   the property is an instrument of one or more * serious offences; and

  (e)   the court is satisfied that the authority has taken reasonable steps to identify and notify persons with an * interest in the property.

  (2)   A finding of the court for the purposes of paragraph   (1)(c):

  (a)   need not be based on a finding that a particular person committed any offence; and

  (b)   need not be based on a finding as to the commission of a particular offence, and can be based on a finding that some offence or other of a kind referred to in paragraph   (1)(c) was committed.

  (3)   Paragraph   (1)(c) does not apply if the court is satisfied that:

  (a)   no application has been made under Division   3 of Part   2 - 1 for the property to be excluded from the * restraining order; or

  (b)   any such application that has been made has been withdrawn.

Refusal to make a forfeiture order

  (4)   Despite subsection   (1), the court may refuse to make an order under that subsection relating to property that the court is satisfied:

  (a)   is an * instrument of a * serious offence other than a * terrorism offence; and

  (b)   is not * proceeds of an offence;

if the court is satisfied that it is not in the public interest to make the order.