Document ID: chunk:federal_register_of_legislation:C2025C00034:section:52
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 52
Character Range: 152334–153036

52  Making of forfeiture order if person has absconded
  If, because of paragraph 331(1)(d), a person is taken to have been convicted of an *indictable offence, a court must not make a *forfeiture order relating to the person's conviction unless:
 (a) the court is satisfied, on the balance of probabilities, that the person has *absconded; and
 (b) either:
 (i) the person has been committed for trial for the offence; or
 (ii) the court is satisfied, having regard to all the evidence before the court, that a reasonable jury, properly instructed, could lawfully find the person guilty of the offence.

Division 2—Other relevant matters when a court is considering whether to make forfeiture orders