Crime-used property not available
82 Crime-used property not available
For section 81, crime-used property is not available for forfeiture if:
at the time the property became crime-used, the respondent:
had a legal or equitable interest in the property through an agreement granted by another person who is an innocent party in relation to the property; or
had a right of occupancy, use or possession of the property through an agreement granted by another person who is an innocent party in relation to the property; or
did not have effective control of the property; or
the property was or is owned or effectively controlled by the respondent, and was or is restrained, but the restraining order has been or is to be set aside under section 63(1)(a) in favour of a spouse, de facto partner or dependant of the respondent; or
the property has been sold or otherwise disposed of, or cannot for any other reason be found for the purposes of this Act.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.