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Criminal Property Forfeiture Act 2002
161Conviction of forfeiture offence
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161 Conviction of forfeiture offence
(1) For this Act, a person is taken to have been convicted of a forfeiture
offence if:
(a) the person has been charged with and found guilty of a
forfeiture offence, but a conviction is not recorded; or
(b) the forfeiture offence was taken into account by a court in
sentencing the person for another forfeiture offence; or
(c) the person was charged with a forfeiture offence but
absconded before the charge is finally determined.
(2) For this Act, a person's conviction is taken to have been quashed:
(a) where the person is taken under subsection (1)(a) to have
been convicted – if the finding of guilt is quashed or set aside;
or
(b) where the person is taken under subsection (1)(b) to have
been convicted – if the decision of the court to take the
forfeiture offence into account is quashed or set aside; or
Criminal Property Forfeiture Act 2002 95
(c) where the person is taken under subsection (1)(c) to have
been convicted – if the person is brought before a court to
answer the charge and the person is discharged in respect of
the forfeiture offence.