17Effect of forfeiture orders

### 17 Effect of forfeiture orders > > (1)  If a court makes a forfeiture order in respect of property – > > > > > > (a) the property vests in the State; and > > > > > > > (b) if the property is land under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) – the State is entitled to be registered as the owner of the land; and > > > > > > > (c) the property vests subject to every charge or encumbrance to which the property was subject immediately before the forfeiture order was made and, in the case of land under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) , subject to every mortgage, lease or other interest recorded in the register kept under that Act; and > > > > > > > (d) the Attorney-General has power, on behalf of the State, to do or authorize the doing of anything necessary or convenient to obtain the registration of the State as owner of the property; and > > > > > > > (e) if the property is not already in the possession of the State – the State may take possession of the property; and > > > > > > > (f) if the property is money – the State is entitled to pay the money into the Crime (Confiscation of Profits) Account in accordance with [section 79](#GS79@EN) . > > > (2)  Except with the leave of the court that made the forfeiture order, the State is not to – > > > > > > (a) dispose of, or otherwise deal with, property that has vested in the State under the order; or > > > > > > > (b) authorize any person to dispose of, or otherwise deal with, such property – > > > > > > before the end of the greater of the following periods: > > > > > > > (c) the appeal period; > > > > > > > (d) the period of 6 months immediately following the making of the order. > > > (3)  If a court makes a forfeiture order in respect of property and, at the end of the greater of the 2 periods referred to in [subsection (2)](#GS17@Gs2@EN) the forfeiture order has not been discharged, the property may – > > > > > > (a) in the case of money – be paid into the Crime (Confiscation of Profits) Account in accordance with [section 79](#GS79@EN) if it has not previously been paid into that account; and > > > > > > > (b) in the case of property other than money – be disposed of, or otherwise dealt with, in accordance with any directions of the Attorney-General or of a person authorized by the Attorney-General for the purposes of this subsection and any proceeds deposited in the Crime (Confiscation of Profits) Account. > > > (4)  For the purposes of [subsections (2)](#GS17@Gs2@EN) and [(3)](#GS17@Gs3@EN) , the appeal period ends when an appeal may no longer be lodged against either the forfeiture order or the conviction in reliance on which the order was made or, if such an appeal is lodged, when the appeal lapses or is finally determined.