CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 48
CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 48
48—Instrument substitution declarations
A court determining an application for a forfeiture order under
section 47(3) relating to a person's conviction of a serious offence may,
on the application of the DPP, declare property to be subject to an
"instrument substitution declaration" if satisfied that—
(a) the
convicted person had, at the time of the offence, an interest in the property;
and
(b) the
property is of the same nature or description as property that was an
instrument of the offence (whether or not the property is of the same value);
and
(c) the
property that was an instrument of the offence is not available for forfeiture
or is not able to be made the subject of an order for forfeiture.