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Confiscation of Criminal Assets Act 2003
122Return or compensation orders—application
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122 Return or compensation orders—application
(1) A person who held an interest in forfeited property immediately
before its forfeiture may apply to a relevant court for a return or
compensation order in relation to the interest.
(2) The application may be made only if 1 of the following events
happens (a qualifying event):
(a) if the interest was forfeited under a forfeiture order or automatic
forfeiture—the person is cleared of the offence (and any related
offences) to which the forfeiture related;
Note For the meaning of cleared, see s 17.
(b) if the interest was forfeited under a forfeiture order—the
proceeding in relation to the order is finalised and the order is
overturned on appeal.
Note For the meaning of finalised, see s 18.
(3) The application must be made within 14 days after—
(a) the day the qualifying event happens; or
(b) if the person only became aware of the qualifying event at a later
time, and the delay in becoming aware of the event was not
because of the person’s neglect—the day the person became
aware of the qualifying event.
by this section in certain circumstances (see s 246).
Forfeited property—buyback of interest Division 9.6