322Appeals

322 Appeals

(1) A person: (a) against whom a *confiscation order is made; or (b) who has an *interest in property against which a *forfeiture order is made; or (c) who has an interest in property that is declared in an order under section 141, 168 or 179S to satisfy a *pecuniary penalty order, a *literary proceeds order or an *unexplained wealth order; may appeal against the confiscation order, forfeiture order or order under section 141, 168 or 179S (the targeted order) in the manner set out in this section. (2) If: (a) the *confiscation order; or (b) the *forfeiture order; or (c) the *pecuniary penalty order or *literary proceeds order to which the order under section 141 or 168 relates; (the primary order) was made in relation to a conviction of an offence, the person may appeal against the targeted order in the same manner as if the targeted order were, or were part of, a sentence imposed on the person in respect of the offence. (3) In any other case, the person may appeal against the targeted order in the same manner as if: (a) the person had been convicted of the offence to which the primary order relates; and (b) the targeted order were, or were part of, a sentence imposed on the person in respect of the offence. (4) However, despite subsection (2) or (3), if the primary order related to a *foreign indictable offence, the person may appeal against the targeted order in the same manner as if: (a) the person had been convicted of the offence in the State or Territory in which the targeted order was made; and (b) the targeted order were, or were part of, a sentence imposed on the person in respect of the offence. (4A) Despite subsections (2) and (3), in the case of an *unexplained wealth order, or an order under section 179S that relates to an unexplained wealth order, the person may appeal against the targeted order in the same manner as if: (a) the person had been convicted of one of the following: (i) an offence against a law of the Commonwealth; (ii) a *foreign indictable offence; (iia) a *relevant offence of a *participating State; (iii) a *State offence that has a federal aspect; (iv) a *Territory offence; and (b) the targeted order were, or were part of, the sentence imposed on the person in respect of the offence. (5) The *responsible authority for the targeted order: (a) has the same right of appeal against a targeted order as the person referred to in subsection (1) has under this section; and (b) may appeal against a refusal by a court to make a targeted order in the same manner as if such an order were made and the authority were appealing against that order. (6) On an appeal against a targeted order, the order may be confirmed, discharged or varied. (7) This section does not affect any other right of appeal.