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The Laws of Fiji
Last Updated: 24 May 2019

[PB 12AA] Confiscation of assets12AA 

12AA
(1) Subject to this section, where a person is convicted on indictment of an offence under section 10(1)(b) the court may, in addition to any penalty imposed under section 12(1), order the confiscation of any pecuniary resources or property—
  • (a)found at the trial to be in his or her control as provided in section 10; and
  • (b)of an amount or value not exceeding the amount or value of pecuniary resources or property the acquisition of which by him or her was not explained to the satisfaction of the court.
(2) Any application for an order under subsection (1) shall be made by the Attorney-General within 28 days after the date of the conviction.
(3) An order under subsection (1) shall not be made in respect of pecuniary resources or property held by a person other than the person convicted unless that other person has been given reasonable notice that such an order may be made and has had an opportunity to show cause why it should not be made.
(4) An order under subsection (1) shall not be made in respect of pecuniary resources or property held by a person other than the person convicted if that other person satisfies the court in any proceedings to show cause under subsection (3) that he or she had—
  • (a)acted in good faith as regards the circumstances in which the pecuniary resources or property came to be held by him or her; and
  • (b)so acted in relation to the pecuniary resources or property that an order in the circumstances would be unjust.
(5) Nothing in subsection (4) shall be construed as limiting the court's discretion to decline to make an order under subsection (1) on grounds other than those specified in subsection (4).
(6) An order under subsection (1) may be made subject to such conditions as the court thinks fit in all the circumstances of the case.
(7) A court may make orders under both subsection (1) and section 12(3) in respect of the same offence but shall not make orders under both provisions in respect of the same pecuniary resources or property.
(8) An order under subsection (1) may make provision for taking possession of pecuniary resources or property to which the order applies and for the disposal of such resources or property by or on behalf of the Government.