QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.98Constitution of court
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### sec.98 Constitution of court
This section applies—
if an application for a forfeiture order, pecuniary penalty order or restraining order is made to a court before which a person was convicted of a confiscation offence; and
whether or not the court is constituted in the same way as it was constituted when the person was convicted of the offence.
The court—
may deal with the application; and
may perform any function and exercise any power in relation to the forfeiture order, pecuniary penalty order or restraining order, that the court may perform or exercise under this Act.
(sec.98-ssec.1) This section applies— if an application for a forfeiture order, pecuniary penalty order or restraining order is made to a court before which a person was convicted of a confiscation offence; and whether or not the court is constituted in the same way as it was constituted when the person was convicted of the offence.
(sec.98-ssec.2) The court— may deal with the application; and may perform any function and exercise any power in relation to the forfeiture order, pecuniary penalty order or restraining order, that the court may perform or exercise under this Act.
- (a) if an application for a forfeiture order, pecuniary penalty order or restraining order is made to a court before which a person was convicted of a confiscation offence; and
- (b) whether or not the court is constituted in the same way as it was constituted when the person was convicted of the offence.
- (a) may deal with the application; and
- (b) may perform any function and exercise any power in relation to the forfeiture order, pecuniary penalty order or restraining order, that the court may perform or exercise under this Act.