Northern Territory Consolidated Acts

CRIMINAL PROPERTY FORFEITURE ACT - SECT 81

(1) The DPP may apply to the Supreme Court for a crime-used property substitution declaration against a person.

(2) On hearing an application under subsection (1), the court may declare that property of equivalent value owned or effectively controlled by the respondent is to be substituted for crime-used property if -

(a) it is more likely than not that the respondent has made criminal use of property so that the property is crime-used property within the meaning of section 11; and

(b) the crime-used property is not amenable to a restraining order or forfeiture under this Act for a reason or reasons referred to in section 82.

(3) An application under subsection (1) may be made in conjunction with an application under Part 4, Division 2 for a restraining order, in proceedings under Part 5 for the hearing of an objection to the restraining of property, or at any other time.

(4) If the court makes a declaration under this section, the court must -

(a) assess the value of the crime-used property in accordance with section 85;

(b) specify the assessed value of the crime-used property in the declaration; and

(c) order the respondent to pay to the Territory the amount specified in the declaration as the value of the crime-used property.

(5) Crime-used property substitution declarations can be made against 2 or more respondents in respect of the same crime-used property, whether or not the applications for the respective declarations are heard in the same proceedings.

(6) If a court makes a declaration under this section, the court may make any necessary or convenient ancillary orders, including awarding costs as the court sees fit.