Document ID: chunk:federal_register_of_legislation:C2008C00368:clause:3_52ha
Version: federal_register_of_legislation:C2008C00368
Segment Type: clause
Provision Reference: sch 3 cl 52HA
Character Range: 80174–80844

52HA  Evidence

 (1) For the purposes of proceedings taken:
 (a) to recover a thing forfeited under Subdivision B; or
 (b) for a declaration that a thing seized under paragraph 42(1)(ea) or (eb) is not forfeited under Subdivision B;
if a person has been convicted of an offence mentioned in paragraph 52A(1)(a), the person is taken, unless the contrary is proved, to have committed the offence.

 (2) Subsection (1) does not apply in relation to a conviction:
 (a) in respect of which a review or appeal (however described) has been instituted but not finally determined; or
 (b) that has been quashed or set aside; or
 (c) in respect of which a pardon has been given.