Criminal Assets Confiscation Act 2005

A court that made a forfeiture order must make an order (a

a person has applied for the compensation order; and

the forfeiture order specifies the applicant's property as proceeds of a serious offence to which the forfeiture order relates; and

the court is satisfied that, when the property first became proceeds of the serious offence, a proportion of the value of the property was not acquired using the proceeds of any unlawful activity.

A compensation order must—

specify the proportion of the value of the property not acquired using the proceeds of any offence referred to in subsection (1)(c); and

direct the Crown to—

if the property has not been disposed of—dispose of the property; and

pay the applicant an amount equal to that proportion of the difference between the amount received from disposing of the property and the total of any costs of administering this Act (of a kind referred to in section 209(1)) in connection with the forfeiture order.

An applicant for a compensation order 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.