Page:Organised Crime Act 2015.pdf/65

66 (3) In determining the value of benefits under subsection (2)(b), the Court must leave out of account the value of any benefits of organised crime activity that are shown to the Court to have been taken into account in determining the amount to be recovered under any confiscation order previously made against the subject under this Act or the CDSA.

(4) The amount in the confiscation order is recoverable from the subject by the Attorney-General in any civil court of competent jurisdiction as though it were a judgment debt due to the Government.

Confiscation order if subject has absconded or died

63.—(1) The Court may make a confiscation order even if the subject has absconded or died.

(2) In subsection (1), a subject has absconded if the subject is outside jurisdiction, or is unable to be found in the period of 6 months before the date of the application for the confiscation order despite all reasonable efforts having been made to find the subject.

Settlement

64.—(1) The Public Prosecutor may enter into a settlement with any person as to any property or any sum of money to be confiscated under this Part.

(2) A settlement does not bind the parties unless the Court approves it.

(3) The Court may approve the settlement if it is satisfied that it is consistent with—
 * (a) the purposes of this Part; and
 * (b) the overall interests of justice.

Division 4—General provisions for proceedings under Divisions 2 and 3 Effect of death on proceedings

65.—(1) Where the power conferred by this Part to make a confiscation order is to be exercised in relation to a deceased