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 29A  

29A   Excluding property from a restraining order made under section 20A  


The court to which an application for a *restraining order under section 20A was made must, when the order is made or at a later time, exclude a specified *interest in property from the order if:


(a) an application is made under section 30 or 31 ; and


(b) the court is satisfied that the interest is held by a person other than the *suspect and is not subject to the *effective control of the suspect.

Note:

Section 32 may prevent the court from hearing the application until the responsible authority has had a reasonable opportunity to conduct examinations in relation to the restraining order.


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