ACTIn ForceAct
Confiscation of Criminal Assets Act 2003
237Confiscation and corresponding law order proceedings
Start here
Get a plain-English read of 237
Turn the raw legal text into a practical explanation grounded in Confiscation of Criminal Assets Act 2003.
237 Confiscation and corresponding law order proceedings
are civil, not criminal
(a) a confiscation proceeding; and
(b) a proceeding under part 11 (Interstate orders) in relation to a
corresponding law order.
(2) The proceeding is a civil proceeding, not a criminal proceeding.
(3) Without limiting subsection (2)—
(a) any rules of interpretation applying only to the criminal law do
not apply to the interpretation of the provisions of this Act or
any other territory law in relation to the proceeding; and
(b) the rules of evidence applying to a civil proceeding apply to the
proceeding, and the rules of evidence applying to a criminal
proceeding do not apply.
In hearing an application for a civil forfeiture order, whether the offender
committed a serious offence is to be decided by the court on the balance of
probabilities.