Proceeds of Crime Act 2002
In addition to this Division, section 44 provides for property to be excluded from a restraining order on the giving of satisfactory security.SECTION 29 Excluding property from certain restraining orders 29(1)
The court to which an application for a * restraining order under section 17 , 18 or 19 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) (2) or (3) for excluding the interest from the order exists.
Section 32 may prevent the court from hearing the application until the responsible authority has had a reasonable opportunity to conduct an examination of the applicant.
The reasons for excluding a specified *interest in property from a * restraining order are: (a) 17 if the offence, or any of the offences, to which the order relates is a * serious offence - the interest is neither * proceeds nor an * instrument of * unlawful activity; or (b) 17 if paragraph (a) does not apply - the interest is neither proceeds nor an instrument of the offence, or any offence, to which the order relates; or (c) 18 - the interest is neither:
(i) in any case - proceeds of unlawful activity; nor
(d) 19 - the interest is neither:
(ii) if an offence to which the order relates is a serious offence - an * instrument of any serious offence; or
(i) in any case - proceeds of an * indictable offence, a * foreign indictable offence or an * indictable offence of Commonwealth concern; nor
(ii) if an offence to which the order relates is a serious offence - an * instrument of any serious offence.
One of the circumstances in which property ceases to be proceeds of an offence or unlawful activity involves acquisition of the property by an innocent third party for sufficient consideration: see paragraph 330(4)(a) .
If the offence, or each offence, to which a * restraining order relates is a * serious offence that is an offence against section 15 , 24 , 29 or 31 of the Financial Transaction Reports Act 1988 or section 53 , former section 59 or section 136 , 137 , 139 , 140 , 141 , 142 or 143 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 , a further reason for excluding a specified *interest in property from the order is that each of the following requirements is met: (a) (b) there is a * suspect in relation to the order, but he or she has not been convicted of, or charged with, the offence, or any of the offences; (c) the conduct in question was not for the purpose of, in preparation for, or in contemplation of, any other * indictable offence, any * State indictable offence or any * foreign indictable offence; (d)
However, the court must not exclude a specified *interest in property from a * restraining order under section 17 or 18 unless it is also satisfied that neither a * pecuniary penalty order nor a * literary proceeds order could be made against: (a) (b)
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