Criminal Property Forfeiture Act 2002

For this Act, a person is taken to have been convicted of a forfeiture offence if:

the person has been charged with and found guilty of a forfeiture offence, but a conviction is not recorded; or

the forfeiture offence was taken into account by a court in sentencing the person for another forfeiture offence; or

the person was charged with a forfeiture offence but absconded before the charge is finally determined.

For this Act, a person's conviction is taken to have been quashed:

where the person is taken under subsection (1)(a) to have been convicted – if the finding of guilt is quashed or set aside; or

where the person is taken under subsection (1)(b) to have been convicted – if the decision of the court to take the forfeiture offence into account is quashed or set aside; or

where the person is taken under subsection (1)(c) to have been convicted – if the person is brought before a court to answer the charge and the person is discharged in respect of the forfeiture offence.