Automatic confiscation under s 7(1) of the Criminal Property Confiscation Act 2000 (WA) is confined to property frozen under s 43(8) (crime-used or crime-derived property) and does not extend to property frozen under s 43(1), s 43(3) or s 43(5). The right to file an objection under s 79 is limited to grounds amenable to relief under s 82, s 83 or s 84. Where a freezing order is made under s 43(1)(b) and no substantive action is taken within a reasonable period, the DPP is under an implied duty to request that the freezing order be set aside.
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