Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-3 - FORFEITURE ON CONVICTION OF A SERIOUS OFFENCE  

Division 1 - Forfeiture on conviction of a serious offence  

SECTION 92A   Notice of date of forfeiture under this Part, etc  

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92A(1)    

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The *responsible authority for the *restraining order referred to in paragraph 92(1)(b) must, before property is forfeited under this Part, take reasonable steps to give any person who has or claims, or whom the authority reasonably believes may have, an *interest in the property a written notice stating:

(a) the date on which the property will be forfeited under this Part unless it is excluded from forfeiture; and

(b) the effect of section 93 (which deals with *extension orders); and

(c) that the person may be able to apply for an order under one of the following sections in relation to the property:

(i) section 29 (which deals with the exclusion of property from *restraining orders);

(ii) section 94 (which deals with the exclusion of property from forfeiture);

(iii)
section 94A (which deals with compensation).

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History

S 92A(1) amended by No 174 of 2011, s 3 and Sch 2 items 125 and 126, by substituting " *responsible authority for the *restraining order referred to in paragraph 92(1)(b) " for " *DPP " and " authority " for " DPP " , effective 1 January 2012. For application provisions see note under s 315B .

92A(2)    

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However, the *responsible authority need not give a notice to a person under subsection (1) if the person has made:

(a) an application for an *extension order in relation to the property; and

(b) an application under section 30 , 31 or 94 in relation to the property.

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History

S 92A(2) amended by No 174 of 2011, s 3 and Sch 2 item 63, by substituting " *responsible authority " for " *DPP " , effective 1 January 2012. For application provisions see note under s 315B .

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History

S 92A inserted by No 4 of 2010, s 3 and Sch 1 item 40, applicable in relation to property covered by restraining orders made 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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