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Confiscation of Criminal Assets Act 2003
119Distribution of proceeds of sale of property
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119 Distribution of proceeds of sale of property
(1) The amount paid to a relevant court under section 117 (2) is payable
to the Territory.
(2) However, the court may order the payment of part or all of the amount
to a person (an innocent joint owner) who was a joint owner of the
property immediately before it was sold under this division if—
(a) the innocent joint owner was not a party to the offence (or a
related offence) in relation to which the forfeiture was made; and
(b) the innocent joint owner’s interest is not subject to the effective
control of a person who committed the offence (or a related
offence) (an offender) in relation to which the forfeiture was
made; and
Forfeited property—return or compensation Division 9.5
(c) for property acquired completely or partly, or directly or
indirectly, from an offender—the property was acquired
honestly and for sufficient consideration and the innocent joint
owner took reasonable care to establish that the property could
be lawfully acquired by the innocent joint owner.
(3) For subsection (2), the court may have regard to any matter it
considers appropriate, including the relationship between the
offender and the innocent joint owner.