Crime (Confiscation of Profits) Act 1993
183Proceedings under this Part
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183 Proceedings under this Part
[Section 183 Inserted by No. 60 of 2013, s. 12, Applied:01 Mar 2014]
(1) Proceedings on an application under this Part are taken to be civil proceedings for all purposes.
(2) A court dealing with proceedings under this Part may do one or more of the following:
(a) order that the whole or any part of the proceedings is to be heard in closed court;
(b) order that only persons, or classes of persons, specified by the court may be present during the whole or any part of the proceedings;
(c) order that the publication of a report of the whole or any part of the proceedings, or of any information derived from the proceedings, is prohibited.
(3) Except in relation to an offence under this Part –
(a) a rule of construction that is applicable only in relation to the criminal law does not apply in the interpretation of this Part; and
(b) the rules of evidence applicable in civil proceedings apply in proceedings under this Part; and
(c) the rules of evidence applicable only in criminal proceedings do not apply in proceedings under this Part; and
(d) a question of fact to be decided by a court in proceedings on an application under this Part is to be decided on the balance of probabilities.
(4) A decision under this Part, except under Division 4 , about the existence of grounds for doing or suspecting anything may be based on hearsay evidence or hearsay information.