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 30   Application to exclude property from a restraining order before restraining order has been made  

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30(1)    

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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.

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History

S 30(1) substituted by No 4 of 2010, s 3 and Sch 1 item 15, effective 20 February 2010. Division 3 of Part 2-1 of the Proceeds of Crime Act 2002 , as amended, applies in relation to restraining orders applied for on or after 20 February 2010, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement. S 30(1) formerly read:

30(1)
A person whose property would be covered by a * restraining order may apply to the court to exclude specified property from the restraining order within 14 days after being notified of the application for the order.

30(2)    

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

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History

S 30(2) amended by No 174 of 2011, s 3 and Sch 2 item 36, by substituting " *responsible authority " for " *DPP " , effective 1 January 2012. For application provisions see note under s 315B .

30(3)    

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

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History

S 30(3) amended by No 174 of 2011, s 3 and Sch 2 item 36, by substituting " *responsible authority " for " *DPP " , effective 1 January 2012. For application provisions see note under s 315B .

30(4)    

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The *responsible authority must give the person notice of any grounds on which it proposes to contest the application.

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History

S 30(4) amended by No 174 of 2011, s 3 and Sch 2 item 36, by substituting " *responsible authority " for " *DPP " , effective 1 January 2012. For application provisions see note under s 315B .

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