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 32  

32   Application not to be heard unless responsible authority has had reasonable opportunity to conduct an examination  

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The court must not hear an application to exclude specified property from the * restraining order if:

(a) the restraining order is in force; and

(b) the *responsible authority has not been given a reasonable opportunity to conduct * examinations in relation to the application.

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History

S 32 amended by No 174 of 2011, s 3 and Sch 2 item 38, by substituting " *responsible authority " for " *DPP " in para (b), effective 1 January 2012. For application provisions see note under s 315B .

S 32 amended by No 4 of 2010, s 3 and Sch 1 item 18, by substituting " *examinations in relation to the application " for " an *examination of the applicant " in para (b), 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.

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