Document ID: chunk:federal_register_of_legislation:C2018C00169:section:30:p1
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 30 (pt 1/3)
Character Range: 75540–78226

30  Forfeiture of all restrained property if person convicted of serious offence
 (1) If:
 (a) a person (in this subsection called the defendant) is convicted of a serious offence (otherwise than by reason of paragraph 5(1)(d));
 (b) before the commencement of the Proceeds of Crime Act 2002, a restraining order is or was granted in respect of property (whether property of the defendant or of some other person) in reliance on:
 (i) the defendant's conviction of that offence; or
 (ii) the charging or proposed charging of the defendant with that offence or a related offence;
 (c) the restraining order, to the extent to which it relates to the property, is not the subject of a declaration under subsection 48(4); and
 (d) the restraining order is in force at the end of:
 (i) the period of 6 months starting on the day of the conviction; or
 (ii) if an order under section 30A is in force at the end of that period—the end of the extended period;
the property is, under this subsection, forfeited to the Commonwealth at the end of that period, or that extended period, as the case may be.
 (2) Subject to subsection (3), where property is forfeited to the Commonwealth by virtue of subsection (1), the property vests absolutely in the Commonwealth.
 (3) Where registrable property is forfeited to the Commonwealth by virtue of subsection (1):
 (a) the property vests in equity in the Commonwealth but does not vest in the Commonwealth at law until the applicable registration requirements have been complied with;
 (b) the Commonwealth is entitled to be registered as owner of the property; and
 (c) the Minister has power, on behalf of the Commonwealth, to do, or to authorise the doing of, anything necessary or convenient to obtain the registration of the Commonwealth as owner, including, without limiting the generality of this, the execution of any instrument required to be executed by a person transferring an interest in property of that kind.
 (3A) If registrable property has been forfeited to the Commonwealth because of subsection (1):
 (a) the DPP has power, on behalf of the Commonwealth, to do anything necessary or convenient to give notice of, or otherwise protect, the equitable interest of the Commonwealth in the property; and
 (b) any such action by or on behalf of the Commonwealth is not a dealing for the purposes of paragraph (4)(a).
 (4) Where property is forfeited to the Commonwealth under this section in respect of a person's conviction of a serious offence:
 (a) the property shall not, except with the leave of the court that made the relevant restraining order and in accordance with any directions of the court, be disposed of, or otherwise dealt