Proceeds of Crime Act 2002
CHAPTER 2
-
THE CONFISCATION SCHEME
PART 2-1
-
RESTRAINING ORDERS
Division 3
-
Excluding property from restraining orders
A person may apply for an order under section 29 or 29A if a *restraining order that could cover property in which the person claims an *interest has been applied for, but is yet to be made.
The person must give written notice to the *responsible authority of both the application and the grounds on which the exclusion is sought.
The *responsible authority may appear and adduce evidence at the hearing of the application.
The *responsible authority must give the person notice of any grounds on which it proposes to contest the application.
Note:
In addition to this Division, section 44 provides for property to be excluded from a restraining order on the giving of satisfactory security.
SECTION 30 Application to exclude property from a restraining order before restraining order has been made 30(1)A person may apply for an order under section 29 or 29A if a *restraining order that could cover property in which the person claims an *interest has been applied for, but is yet to be made.
30(2)
The person must give written notice to the *responsible authority of both the application and the grounds on which the exclusion is sought.
30(3)
The *responsible authority may appear and adduce evidence at the hearing of the application.
30(4)
The *responsible authority must give the person notice of any grounds on which it proposes to contest the application.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.