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Confiscation of Criminal Assets Act 2003
60Automatic forfeiture—court orders
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60 Automatic forfeiture—court orders
(1) A relevant court may, when it convicts a person of a serious offence
or at any later time, make any order that it considers appropriate for
giving effect to an automatic forfeiture of property.
Examples of orders
1 an order for the examination of anyone before the court, or an officer of the
court, about any property that might be forfeited because of the conviction
2 an order directing the owner of property that might be forfeited because of the
conviction, or anyone else, to give to a stated person, within a stated period, a
sworn statement about stated particulars of the property
3 an order directing the owner of property that might be forfeited because of the
conviction, or anyone else, to do anything necessary or convenient to be done
to allow the public trustee and guardian to take control of the property,
including anything necessary or convenient to be done to bring the property
within the jurisdiction
4 an order in relation to the registration of title to, or charges over, property
under a territory law
(2) The order may be made on the court’s initiative, or on the application
of any of the following people:
(a) the DPP;
(b) the offender;
(c) the public trustee and guardian;
(d) anyone with an interest in property to which the order relates;
(e) anyone else with the court’s leave.
(3) A person commits an offence if—
(a) a relevant court makes an order under subsection (1) to give
effect to an automatic forfeiture of property; and
(b) the order requires the person to do, or not do, something stated
in the order; and
(c) the person has notice of the order (whether by being given a
(d) the person contravenes the order.