Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 (4 of 2010)

Schedule 1   Proceeds of crime

Part 1   Exclusion, recovery and compensation

Proceeds of Crime Act 2002

40   After section 92


92A Notice of date of forfeiture under this Part, etc.

(1) The *DPP must, before property is forfeited under this Part, take reasonable steps to give any person who has or claims, or whom the DPP reasonably believes may have, an *interest in the property a written notice stating:

(a) the date on which the property will be forfeited under this Part unless it is excluded from forfeiture; and

(b) the effect of section 93 (which deals with *extension orders); and

(c) that the person may be able to apply for an order under one of the following sections in relation to the property:

(i) section 29 (which deals with the exclusion of property from *restraining orders);

(ii) section 94 (which deals with the exclusion of property from forfeiture);

(iii) section 94A (which deals with compensation).

(2) However, the *DPP need not give a notice to a person under subsection (1) if the person has made:

(a) an application for an *extension order in relation to the property; and

(b) an application under section 30, 31 or 94 in relation to the property.