Proceeds of Crime Act 2002

S 116(1) amended by No 174 of 2011, s 3 and Sch 2 item 21, by substituting " a *proceeds of crime authority " for " the *DPP " in para (a), effective 1 January 2012. For application provisions see note under s 315B .

S 116(1) amended by No 3 of 2010, s 3 and Sch 2 item 27, by omitting " subject to subsection (2), " before " the person has committed " in para (b)(ii), applicable in relation to applications made on or after 20 February 2010 for a pecuniary penalty order, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement.

S 116(2) repealed by No 3 of 2010, s 3 and Sch 2 item 28, applicable in relation to applications made on or after 20 February 2010 for a pecuniary penalty order, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement. S 116(2) formerly read:

116(2)
Subparagraph (1)(b)(ii) does not apply in relation to a * serious offence that is not a * terrorism offence unless the court is satisfied that the offence was committed:

(a) within the 6 years preceding the application (or, if some or all of the * person ' s property is already covered by a * restraining order, preceding the application for the restraining order); or

(b) since the application was made.

The period of 6 years may be a period that began before the commencement of this Act.

S 116(4) amended by No 174 of 2011, s 3 and Sch 2 item 130, by substituting " applications " for " the DPP applying for " in the note at the end, effective 1 January 2012. For application provisions see note under s 315B .