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.