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Criminal Property Forfeiture Act 2002
163Effect of person's death
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163 Effect of person's death
(1) A reference in this Act to property of a person includes a reference
to the property of a deceased person where the property was
owned or effectively controlled by the person immediately before
his or her death or given away by the person at any time before his
or her death.
(2) An order may be applied for and made under this Act:
(a) in respect of property that is or was owned or effectively
controlled or given away by a person who died before the
application or order is made; and
(b) on the basis of the activities of a person who died before the
application or order is made.
(3) If a person who owns property that is subject to a restraining order
dies, this Act continues to apply to the property in all respects as if
the person had not died, regardless of whether the administrator of
the person's estate or any other person in whom the property vests
as a result of the death is an innocent party in relation to the
Criminal Property Forfeiture Act 2002 96
(4) Without limiting this section, if a person who is a joint tenant of
property that is subject to a restraining order dies:
(a) the person's death does not operate to vest the property in the
surviving joint tenant or tenants; and
(b) the restraining order continues to apply to the property as if
the person had not died.