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Criminal Property Forfeiture Act 2002
136Proceedings
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136 Proceedings
(1) Proceedings on an application under this Act are taken to be civil
proceedings for all purposes.
Criminal Property Forfeiture Act 2002 85
(2) Except in relation to an offence under this Act:
(a) a rule of construction that is applicable only in relation to the
criminal law does not apply in the interpretation of this Act;
and
(b) the rules of evidence applicable in civil proceedings apply in
proceedings under this Act; and
(c) the rules of evidence applicable only in criminal proceedings
do not apply in proceedings under this Act; and
(d) a question of fact to be decided by a court in proceedings on
an application under this Act is to be decided on the balance
of probabilities.