Document ID: chunk:federal_register_of_legislation:C2025C00034:section:322:p1
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 322 (pt 1/2)
Character Range: 521226–523774

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