Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where:
(a) a court makes a forfeiture order against property in reliance on a person's conviction of an offence; and
(b) the conviction is subsequently quashed;
the quashing of the conviction discharges the order.
(1A) This section does not apply if the conviction is quashed after the commencement of the Proceeds of Crime Act 2002 .
Note: Division 6 of Part 2 - 2 of the Proceeds of Crime Act 2002 applies in relation to convictions quashed after that commencement: see subitem 21(1) of Schedule 7 to the Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002 .
(2) Where a forfeiture order against property is discharged as provided by subsection ( 1) or by a court hearing an appeal against the making of the order, the DPP shall:
(a) as soon as practicable after the discharge of the order, give written notice of the discharge of the forfeiture order to any person the DPP has reason to believe may have had an interest in the property immediately before the making of the forfeiture order; and
(b) if required to do so by a court--give or publish notice of the discharge of the forfeiture order to a specified person or class of persons in the manner and within the time that the court considers appropriate.
(3) A notice under subsection ( 2) shall include a statement to the effect that a person claiming an interest in the property may apply under subsection ( 4) for the transfer of the interest to the person.
(4) Where a forfeiture order against property is discharged as provided by subsection ( 1) or by a court hearing an appeal against the making of the order, any person who claims to have had an interest in the property immediately before the making of the forfeiture order may apply to the Minister, in writing, for the transfer of the interest to the person and, on receipt of an application from a person who had an interest in the property immediately before the making of the forfeiture order:
(a) if the interest is still vested in the Commonwealth--the Minister shall arrange for the interest to be transferred to the person; or
(b) in any other case--there is payable to the person an amount equal to the value of the interest.
(5) Where the Minister is required by this section to arrange for property to be transferred to a person, the Minister has power, on behalf of the Commonwealth, to do, or authorise the doing of, anything necessary or convenient to effect the transfer, including, without limiting the generality of this, the execution of any instrument and the making of an application for registration of an interest in the property on any appropriate register.