Instrument substitution declarations
48 Instrument substitution declarations
A court determining an application for a forfeiture order under section 47(3) relating to a person's conviction of a serious offence may, on the application of the DPP, declare property to be subject to an instrument substitution declaration if satisfied that—
the convicted person had, at the time of the offence, an interest in the property; and
the property is of the same nature or description as property that was an instrument of the offence (whether or not the property is of the same value); and
the property that was an instrument of the offence is not available for forfeiture or is not able to be made the subject of an order for forfeiture.
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