Criminal Assets Confiscation Act 2005

If a person becomes a prescribed drug offender, the convicting court may make an order excluding property from forfeiture under

a person applies for the exclusion order in accordance with section 60; and

the forfeiture applies to the applicant's property; and

the court is satisfied that the property to be specified in the exclusion order is neither proceeds nor an instrument of unlawful activity;

the court is satisfied that it would be appropriate to reduce the effect of forfeiture because—

the person has cooperated with a law enforcement agency by providing a witness statement and an undertaking to provide oral testimony;

that cooperation was not taken into account by the court in sentencing the person; and

the cooperation relates directly to a serious and organised crime offence that has been committed or may be committed in the future.

In determining whether to exclude property under this section, or the nature, extent and value of the property to be excluded, the court must have regard to such of the following as may be relevant:

the nature and extent of the applicant's cooperation;

the timeliness of the cooperation;

the truthfulness, completeness and reliability of any information or evidence provided by the applicant;

the evaluation (if any) by the authorities of the significance and usefulness of the applicant's cooperation;

any benefit that the applicant has gained or is likely to gain by reason of the cooperation;

the degree to which the safety of the applicant (or some other person) has been put at risk of violent retribution as a result of the applicant's cooperation;

the likelihood that the applicant will commit further offences, and may have regard to any other factor or principle the court thinks relevant.

Subject to subsection (2a), an exclusion order under subsection (1) must—

specify the nature, extent and value (at the time of making the order) of the property concerned; and

direct that the property be excluded from the operation of

if the property has vested (in law or equity) in the Crown under this Division and is yet to be disposed of—direct the Crown to transfer the property to the applicant; and

if the property has vested (in law or equity) in the Crown under this Division and has been disposed of—direct the Crown to pay the applicant an amount equal to the value specified under paragraph (a).

If the court is of the view that an exclusion order made in accordance with subsection (2) would alert other persons to the applicant's cooperation and as a result put the applicant at risk of violent retribution, it may make an exclusion order—

specifying the nature, extent and value (at the time of making the order) of the property concerned; and

direct the Crown to pay the applicant an amount equal to the value specified in paragraph (a).

An applicant for an exclusion order under subsection (1) must give written notice to the DPP of the application and the grounds on which the order is sought.

The DPP—

may appear and adduce evidence at the hearing of the application;

must give the applicant notice of any grounds on which it proposes to contest the application.