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CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 205

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 205

205—Administrator not to carry out directions during appeal periods

        (1)         If the Administrator is given a direction under section 204 in relation to property, the Administrator must not take any action to comply with the direction until—

            (a)         if the person has not been convicted of the serious offence, or any of the serious offences, to which the pecuniary penalty order or literary proceeds order relates—

                  (i)         if an appeal has not been lodged within the period provided for lodging an appeal against the pecuniary penalty order or literary proceeds order to which the direction relates—the end of that period; or

                  (ii)         if an appeal against the pecuniary penalty order or literary proceeds order has been lodged—when the appeal lapses or is finally determined; or

            (b)         if the person is convicted of the serious offence, or any of the serious offences, to which the pecuniary penalty order or literary proceeds order relates—

                  (i)         if an appeal has not been lodged within the period provided for lodging an appeal against the conviction or convictions to which the direction relates—the end of that period; or

                  (ii)         if an appeal against the conviction or convictions has been lodged—when the appeal lapses or is finally determined; or

                  (iii)         the appeal period under paragraph (a),

whichever ends last.

        (2)         For the purposes of subsection (1)(b)—

            (a)         if the person is to be taken to have been convicted of a serious offence because of section 5(1)(b)—references to lodging of an appeal against the conviction are references to lodging of an appeal against the finding that the person is guilty of the offence; and

            (b)         if the person is to be taken to have been convicted of a serious offence because of section 5(1)(c)—references to lodging of an appeal against the conviction are references to lodging of an appeal against the person's conviction of the other offence referred to in that paragraph.