NTIn ForceAct
Criminal Property Forfeiture Act 2002
Div 1Registration of Territory orders in other jurisdictions
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Division 1 Registration of Territory orders in other jurisdictions
Criminal Property Forfeiture Act 2002 67
(5) If the court makes an order under subsection (3), the applicant is to
receive:
(a) if the property is money – the applicant's share of the money;
and
(b) if the property is not money, has not been disposed of and is
divisible – the applicant's share of the property; and
(c) if the property is not money and is not divisible or has been
disposed of – the amount of money that represents the
applicant's share of the proceeds from the sale of the property
(when sold).
(6) If the applicant is entitled to the release of a share of forfeited
property that is not money, is not divisible and has not been
disposed of, the court may order that the property is to be given to
the applicant if the court also orders that the applicant pay to the
Territory the value of the share of the property that the court finds is
attributable to the owner or owners who are not innocent parties.
(7) If a court makes an order under this section, the court may make
any necessary or convenient ancillary orders.
Part 10 Mutual recognition of restraining orders and
forfeiture orders
Division 1 Registration of Territory orders in other
jurisdictions
122 Interstate registration of restraining orders
(1) If a corresponding law of a State or another Territory of the
Commonwealth provides for the registration and enforcement in the
State or Territory of a restraining order, forfeiture order or other
order under this Act, the order may be expressed to apply to
property in the State or Territory.
(2) An order expressed in accordance with subsection (1) to apply to
property in a State or another Territory of the Commonwealth may
be registered under the law of that State or Territory.
(3) An order registered in accordance with subsection (2) has effect in
the State or Territory to the extent provided by the law of the State
or Territory.
Criminal Property Forfeiture Act 2002 68
(4) If the property to which an order relates is movable property, the
order has effect in the State or Territory to the extent that:
(a) the property was located in the State or Territory when the
order was registered; and
(b) the property:
(i) remains located in the State or Territory; or
(ii) having been moved from the State or Territory – is once
again located in the State or Territory.