Appeals concerning forfeiture
16 Appeals concerning forfeiture
Despite anything in any other Act, a person (including the Crown) affected by an order under section 15 may appeal against the decision to make the order as if—
the order were a sentence imposed on conviction for the offence to which the order relates and against which an appeal may be brought; and
the sentence were not fixed by law.
The court to which an appeal under subsection (1) is made may confirm, vary or revoke the order.
Despite anything in any other Act, a person (including the Crown) affected by a refusal or failure to make an order under section 15 may appeal in accordance with the Rules of Court of the Magistrates' Court against that refusal or failure.
An appeal under subsection (3) is to be conducted as a re-hearing and the court hearing and determining the appeal may exercise any powers that the Magistrates' Court could have exercised in relation to the original application.
If an appeal under subsection (1) is made by the Crown, proceedings on the appeal are to be instituted and conducted in the name of the Crown by the Director of Public Prosecutions.
An appeal under this section may be heard with any other appeal against a conviction or sentence for the offence to which the appeal relates.
A person's right of appeal under this section is in addition to any other right of appeal the person may have.
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