CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 219

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 219

219—Consent orders

        (1)         A court may make an order in a proceeding under Part 3, Part 4 or Part 5 with the consent of—

            (a)         the parties to the proceeding; and

            (b)         each person that the court has reason to believe has an interest in property the subject of the proceeding.

        (2)         An order may be made—

            (a)         without consideration of the matters that the court would otherwise consider in the proceeding; and

            (b)         if the order is an order under section 47(1)(b)—before the end of the period of 6 months referred to in section 47(1)(b).

        (3)         Despite any other provision of this Act, if a court is satisfied that an agreement has been reached between a person and the DPP and either—

            (a)         the agreement provides for the person to make a payment to the Crown instead of property of the person being forfeited under this Act; or

            (b)         the agreement provides for the person to make a payment to the Crown instead of the DPP applying for a confiscation order against the person,

the court may make any orders necessary to give effect to the agreement.

        (4)         An order may be made under subsection (3) requiring a person to make a payment to the Crown despite any other provision of this Act and irrespective of whether the payment represents the whole of the value of the person's interest in the property.

        (5)         If an order is made in relation to property under subsection (3), the property is taken to not be liable to forfeiture under this Act (and any forfeiture of the property under this Act that occurred before the order is, on the making of the order, taken to be of no effect, subject to an order of the court to the contrary).