The hardship provisions in ss 48 and 72 of the Proceeds of Crime Act 2002 (Cth) are confined to cases where a court makes a forfeiture order and have no application to automatic forfeiture under s 92 following conviction of a serious offence. A court has no power to make a forfeiture order in respect of property already subject to automatic forfeiture. Where the same credibility issue is determinative of both an exclusion order application and a compensation order application, the trial judge is not required to separately analyse each application.
The full text is available to signed-in members.