Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-1 - RESTRAINING ORDERS  

Division 3 - Excluding property from restraining orders  

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 31   Application to exclude property from a restraining order after restraining order has been made  

31(1)    

A person may apply for an order under section 29 or 29A if a *restraining order that covers property in which the person claims an *interest has been made.

31(1A)    

An application under subsection (1):

(a) must be made to the court that made the *restraining order; and

(b) may be made at any time after the restraining order is made.

31(2)    
However, unless the court gives leave, the person cannot apply if he or she:

(a) was notified of the application for the * restraining order, but did not appear at the hearing of that application; or

(b) appeared at the hearing of that application.

31(3)    
The court may give the person leave to apply if the court is satisfied that:

(a) if paragraph (2)(a) applies - the person had a good reason for not appearing; or

(b) if paragraph (2)(b) applies - the person now has evidence relevant to the person ' s application that was not available to the person at the time of the hearing; or

(c) in either case - there are other special grounds for granting the leave.

31(4)    

The person must give written notice to the *responsible authority of both the application and the grounds on which the exclusion is sought.

31(5)    

The *responsible authority may appear and adduce evidence at the hearing of the application.

31(6)    

The *responsible authority must give the person notice of any grounds on which it proposes to contest the application. However, the authority need not do so until it has had a reasonable opportunity to conduct *examinations in relation to the application.