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Criminal Property Forfeiture Act 2002
82Crime-used property not available
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82 Crime-used property not available
For section 81, crime-used property is not available for forfeiture if:
(a) at the time the property became crime-used, the respondent:
(i) had a legal or equitable interest in the property through
an agreement granted by another person who is an
(ii) had a right of occupancy, use or possession of the
property through an agreement granted by another
person who is an innocent party in relation to the
property; or
(iii) did not have effective control of the property; or
(b) the property was or is owned or effectively controlled by the
respondent, and was or is restrained, but the restraining order
has been or is to be set aside under section 63(1)(a) in favour
of a spouse, de facto partner or dependant of the respondent;
or
(c) the property has been sold or otherwise disposed of, or cannot
for any other reason be found for the purposes of this Act.