Commonwealth Numbered Acts

PROCEEDS OF CRIME ACT 1987 No. 87, 1987 - SECT 17

17. Where a person is, by reason of paragraph 5 (1) (d), to be taken to have
been convicted of an indictable offence, a court shall not make a confiscation
order in reliance on the person's conviction of the offence unless the court
is satisfied, on the balance of probabilities, that the person has absconded
and:

   (a)  the person has been committed for trial for the offence; or

   (b)  the court is satisfied, having regard to all the evidence before the
        court, that a reasonable jury, properly instructed, could lawfully
        find the person guilty of the offence.