Document ID: chunk:federal_register_of_legislation:C2025C00034:section:49
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 49
Character Range: 149713–151664

49  Forfeiture orders—property suspected of being proceeds of indictable offences etc.
 (1) A court with *proceeds jurisdiction must make an order that property specified in the order is forfeited to the Commonwealth if:
 (a) the *responsible authority for a *restraining order under section 19 that covers the property applies for an order under this subsection; and
 (b) the restraining order has been in force for at least 6 months; and
 (c) the court is satisfied that one or more of the following applies:
 (i) the property is *proceeds of one or more *indictable offences;
 (ii) the property is proceeds of one or more *foreign indictable offences;
 (iii) the property is proceeds of one or more *indictable offences of Commonwealth concern;
 (iv) the property is an instrument of one or more *serious offences; and
 (e) the court is satisfied that the authority has taken reasonable steps to identify and notify persons with an *interest in the property.
 (2) A finding of the court for the purposes of paragraph (1)(c):
 (a) need not be based on a finding that a particular person committed any offence; and
 (b) need not be based on a finding as to the commission of a particular offence, and can be based on a finding that some offence or other of a kind referred to in paragraph (1)(c) was committed.
 (3) Paragraph (1)(c) does not apply if the court is satisfied that:
 (a) no application has been made under Division 3 of Part 2‑1 for the property to be excluded from the *restraining order; or
 (b) any such application that has been made has been withdrawn.

Refusal to make a forfeiture order
 (4) Despite subsection (1), the court may refuse to make an order under that subsection relating to property that the court is satisfied:
 (a) is an *instrument of a *serious offence other than a *terrorism offence; and
 (b) is not *proceeds of an offence;
if the court is satisfied that it is not in the public interest to make the order.