Document ID: chunk:federal_register_of_legislation:C2025C00034:front:0:p5
Version: federal_register_of_legislation:C2025C00034
Segment Type: other
Provision Reference: 
Character Range: 11233–14271

forfeited
94 Excluding property from forfeiture under this Part
94A Compensating for proportion of property not derived or realised from commission of any offence
95 Court may declare that property has been forfeited under this Part
Division 2—Effect of forfeiture on conviction of a serious offence
96 When is property forfeited—general rule
97 First exception—registrable property
98 Second exception—if a joint owner dies
98A Third exception—property located outside Australia
99 When can the Commonwealth begin dealing with forfeited property?
100 How must forfeited property be dealt with?
101 Minister may give supporting directions
Division 2A—Controlled property
101A Official Trustee may take custody and control of forfeited property
Division 3—Recovery of forfeited property
102 Court may make orders relating to transfer of forfeited property etc.
103 Court may make orders relating to buying back forfeited property
104 Applying for an order under section 102
104A Applying for an order under section 103
105 Person with interest in forfeited property may buy back the interest
106 Buying out other interests in forfeited property
Division 4—The effect on forfeiture of convictions being quashed
107 The effect on forfeiture of convictions being quashed
108 Notice of application for confirmation of forfeiture
109 Procedure on application for confirmation of forfeiture
110 Court may confirm forfeiture
111 Effect of court's decision on confirmation of forfeiture
112 Official Trustee must not deal with forfeited property before the court decides on confirmation of forfeiture
113 Giving notice if forfeiture ceases to have effect on quashing of a conviction
114 Returning property etc. following forfeiture ceasing to have effect
Part 2‑4—Pecuniary penalty orders
115 Simplified outline of this Part
Division 1—Making pecuniary penalty orders
116 Making pecuniary penalty orders
117 Pecuniary penalty orders made in relation to serious offence convictions
118 Making of pecuniary penalty order if person has absconded
119 Ancillary orders
120 Acquittals do not affect pecuniary penalty orders
Division 2—Penalty amounts
Subdivision A—General
121 Determining penalty amounts
Subdivision B—The value of benefits derived from the commission of an offence
122 Evidence the court is to consider
123 Value of benefits derived—non‑serious offences
124 Value of benefits derived—serious offences
125 Value of benefits may be as at time of assessment
126 Matters that do not reduce the value of benefits
127 Benefits already the subject of pecuniary penalty
128 Property under a person's effective control
129 Effect of property vesting in an insolvency trustee
Subdivision C—Reducing penalty amounts
130 Reducing penalty amounts to take account of forfeiture and proposed forfeiture
131 Reducing penalty amounts to take account of tax paid
132 Reducing penalty amounts to take account of fines etc.
Subdivision D—Varying pecuniary penalty orders to increase penalty amounts
133 Varying pecuniary penalty orders to increase penalty