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PROCEEDS OF CRIME ACT 2002 - SECT 92 Forfeiting restrained property without a forfeiture order if a person has been convicted of a serious offence

PROCEEDS OF CRIME ACT 2002 - SECT 92

Forfeiting restrained property without a forfeiture order if a person has been convicted of a serious offence

  (1)   Property is forfeited to the Commonwealth at the end of the period applying under subsection   (3) if:

  (a)   a person is convicted of a * serious offence; and

  (b)   either:

  (i)   at the end of that period, the property is covered by a * restraining order under section   17 or 18 against the person that relates to the offence; or

  (ii)   the property was covered by such a restraining order against the person, but the order was revoked under section   44 or the property was excluded from the order under that section; and

  (c)   the property is not subject to an order under section   94 excluding the property from forfeiture under this Part.

  (2)   It does not matter whether:

  (a)   the * restraining order was made before or after the person's conviction of the * serious offence; or

  (b)   immediately before forfeiture, the property is the * person's property or another person's property.

  (3)   The period at the end of which the property is forfeited is:

  (a)   the 6 month period starting on the * conviction day; or

  (b)   if an * extension order is in force at the end of that period--the extended period relating to that extension order.

  (4)   This section does not apply if the person is taken to have been convicted of the offence because the person * absconded in connection with the offence.

  (5)   A * restraining order in relation to a * related offence with which the person has been charged, or is proposed to be charged, is taken, for the purposes of this section, to be a restraining order in relation to the offence of which the person was convicted.

  (6)   If:

  (a)   under section   44, a * restraining order that covered particular property is revoked, or particular property is excluded from a restraining order; and

  (b)   the security referred to in paragraph   44(1)(e), or the undertaking referred to in paragraph   44(2)(e), in connection with the revocation or exclusion is still in force;

the property is taken, for the purposes of this section, to be covered by the restraining order.