Criminal Assets Confiscation Act 2005

The Crown may only dispose of, or otherwise deal with, property forfeited under section 74 in relation to a person's conviction of a serious offence if—

the period applying under section 74(6) has come to an end; and

the conviction has not been quashed by that time.

For the purposes of subsection (1), the Crown may dispose of or otherwise deal with the property—

if the conviction is one in relation to which neither section 5(1)(b) nor

applies—

if an appeal has not been lodged within the period provided for lodging an appeal against the conviction—after the end of the period;

if an appeal against the conviction has been lodged within the period provided for lodging an appeal against the conviction—after the appeal lapses or is finally determined; or

if the person is taken to have been convicted because of section 5(1)(b)—

if an appeal has not been lodged within the period provided for lodging an appeal against the finding of the person guilty of the serious offence—after the end of the period; or

if an appeal has been lodged within the period provided for lodging an appeal against the finding of the person guilty of the serious offence—after the appeal lapses or is finally determined;

if the person is taken to have been convicted because of section 5(1)(c)—

if an appeal has not been lodged within the period provided for lodging an appeal against the person's conviction of the other offence referred to in that paragraph—after the end of the period; or

if an appeal has been lodged within the period provided for lodging an appeal against the person's conviction of the other offence referred to in that paragraph—after the appeal lapses or is finally determined.

However, the Crown may dispose of, or otherwise deal with, the property earlier with the permission of, and in accordance with any directions of, the court.