Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-1 - RESTRAINING ORDERS  

Division 6 - Duration of restraining orders  

SECTION 44   Giving security etc. to revoke etc. a restraining order  

44(1)  
A court may:


(a) revoke a * restraining order that covers a * suspect ' s property; or


(b) exclude specified property from such a restraining order;

if:


(c) the suspect applies to the court to revoke the order or exclude the property; and


(d) the suspect gives written notice of the application to the *responsible authority; and


(e) the suspect gives security that is satisfactory to the court to meet any liability that may be imposed on the suspect under this Act.

44(2)  
A court may:


(a) revoke a * restraining order that covers the property of a person who is not a * suspect; or


(b) exclude specified property from such a restraining order;

if:


(c) the person applies to the court to revoke the order or exclude the property; and


(d) the person gives written notice of the application to the *responsible authority; and


(e) the person gives an undertaking concerning the person ' s property that is satisfactory to the court.


 

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