Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-1 - RESTRAINING ORDERS  

Division 2 - How restraining orders are obtained  

SECTION 26   Notice of application  

26(1)  


Subject to subsection (4), the *responsible authority must:


(a) give written notice of an application for a * restraining order covering property to the owner of the property (if the owner is known); and


(b) include with the notice a copy of the application and any affidavit supporting the application.

26(2)  


Subject to subsection (4), the *responsible authority must also:


(a) give written notice of an application for a * restraining order covering property to any other person the authority reasonably believes may have an * interest in the property; and


(b) include with the notice:


(i) a copy of the application; and

(ii) a further notice that the person may request that the authority give the person a copy of any affidavit supporting the application.

The authority must comply with any such request as soon as practicable.

26(3)  
The court must not (unless subsection (4) applies) hear the application unless it is satisfied that the owner of the property to which the application relates has received reasonable notice of the application.

26(4)  


The court must consider the application without notice having been given if the *responsible authority requests the court to do so.

26(5)  


The court may, at any time before finally determining the application, direct the *responsible authority to give or publish notice of the application to a specified person or class of persons. The court may also specify the time and manner in which the notice is to be given or published.

26(6)  
A person who claims an * interest in property may appear and adduce evidence at the hearing of the application.




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