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PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 77 Making compensation orders

PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 77

Making compensation orders

(1) A court that made a * forfeiture order must make an order (a compensation order ) if:

(a)
a person has applied for the compensation order; and

(b)
the forfeiture order specifies the applicant's property as * proceeds of an offence to which the forfeiture order relates; and

(c)
the court is satisfied that, when the property first became proceeds of that offence, a proportion of the value of the property was not acquired using the proceeds of any offence.

(2) A * compensation order must:

(a)
specify the proportion found by the court under paragraph (1)(c); and

(b)
direct the Commonwealth to:

(i)
if the property has not been disposed of—dispose of the property; and
(ii)
pay the applicant an amount equal to that proportion of the difference between the amount received from disposing of the property and the sum of any payments of the kind referred to in paragraph 70(1)(b) in connection with the * forfeiture order.