AustLII Tasmanian Consolidated Acts

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 15

15. Procedure on applications

      (1) A court to which an application is made for a confiscation order in respect of a person's conviction of an offence may, in determining the application, have regard to the transcript of any proceedings against the person for the offence.

      (2) If –

(a) an application is made for a confiscation order in respect of a person's conviction of an offence; and

(b) the application is made to the court before which the person was convicted; and

(c) the court has not passed sentence on the person for the offence –

the court may, if it is satisfied that it is reasonable to do so, defer passing sentence until it has determined the application for the confiscation order.

      (3) If –

(a) a person is taken to have been convicted of an offence by reason of section 5(1)(c); and

(b) an application is made to a court for a confiscation order in respect of the conviction –

the reference in subsection (1) to proceedings against the person for the offence is to be taken to include a reference to proceedings against the person for the other offence referred to in section 5(1)(c).


[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]