Criminal Property Forfeiture Act 2002

A reference in this Act to property of a person includes a reference to the property of a deceased person where the property was owned or effectively controlled by the person immediately before his or her death or given away by the person at any time before his or her death.

An order may be applied for and made under this Act:

in respect of property that is or was owned or effectively controlled or given away by a person who died before the application or order is made; and

on the basis of the activities of a person who died before the application or order is made.

If a person who owns property that is subject to a restraining order dies, this Act continues to apply to the property in all respects as if the person had not died, regardless of whether the administrator of the person's estate or any other person in whom the property vests as a result of the death is an innocent party in relation to the property.

Without limiting this section, if a person who is a joint tenant of property that is subject to a restraining order dies:

the person's death does not operate to vest the property in the surviving joint tenant or tenants; and

the restraining order continues to apply to the property as if the person had not died.