Document ID: chunk:federal_register_of_legislation:C2011C00166:clause:1_30
Version: federal_register_of_legislation:C2011C00166
Segment Type: clause
Provision Reference: sch 1 cl 30
Character Range: 19802–20692

30  Subsection 77(1)
Repeal the subsection, substitute:

 (1) A court that made a *forfeiture order, or that is hearing, or is to hear, an application for a forfeiture order, must make an order under subsection (2) (a compensation order) if:
 (a) a person (the applicant) has applied for a compensation order; and
 (b) the court is satisfied that the applicant has an *interest in property specified in the forfeiture order or in the application for the forfeiture order; and
 (c) the court is satisfied that a proportion of the value of the applicant's interest was not derived or realised, directly or indirectly, from the commission of any offence; and
 (d) the court is satisfied that the applicant's interest is not an instrument of any offence; and
 (e) in the case of a court that is hearing or is to hear an application for a forfeiture order—the court makes the forfeiture order.