Document ID: chunk:federal_register_of_legislation:C2025C00034:section:85
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 85
Character Range: 189906–190806

85  Effect of court's decision on confirmation of forfeiture order
 (1) If the court confirms the *forfeiture order under paragraph 84(1)(a), the order is taken not to be affected by the *quashing of the person's conviction of the offence.
 (2) If the court confirms the *forfeiture order under paragraph 84(1)(b):
 (a) to the extent that the order covers property that is:
 (i) in any case—*proceeds of the offence; or
 (ii) if the offence is a *serious offence—an *instrument of the offence;
  the order is taken not to be affected by the *quashing of the person's conviction of the offence; but
 (b) to the extent that the order covers property that is:
 (i) in any case—not proceeds of the offence; and
 (ii) if the offence is a serious offence—not an instrument of the offence;
  the order is discharged.
 (3) If the court decides not to confirm the *forfeiture order, the order is discharged.