Document ID: chunk:federal_register_of_legislation:C2004C01279:clause:7_21
Version: federal_register_of_legislation:C2004C01279
Segment Type: clause
Provision Reference: sch 7 cl 21
Character Range: 136877–138061

21  The effect on forfeiture under the Proceeds of Crime Act 1987 of convictions being quashed

(1) If:
 (a) before or after the commencement of the Proceeds of Crime Act 2002, an order was made under Division 2 of Part II of the Proceeds of Crime Act 1987, in relation to a person's conviction of an offence, for the forfeiture of property; and
 (b) after the commencement of the Proceeds of Crime Act 2002, the conviction is subsequently quashed;
Division 6 of Part 2‑2 of the Proceeds of Crime Act 2002 applies in relation to the order in the same way that it would apply if the order had been made under Part 2‑2 of the Proceeds of Crime Act 2002.

(2) If:
 (a) before or after the commencement of the Proceeds of Crime Act 2002, property was forfeited under section 30 of the Proceeds of Crime Act 1987 in relation to a person's conviction of an offence; and
 (b) after the commencement of the Proceeds of Crime Act 2002, the conviction is subsequently quashed;
Division 4 of Part 2‑3 of the Proceeds of Crime Act 2002 applies in relation to the forfeiture in the same way that it would apply if the property had been forfeited under Part 2‑3 of the Proceeds of Crime Act 2002.