Proceeds of Crime Act 2002
CHAPTER 2
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THE CONFISCATION SCHEME
PART 2-6
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UNEXPLAINED WEALTH ORDERS
Division 3
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How unexplained wealth orders are obtained
SECTION 179N
Notice of application
179N(1)
This section sets out the notice requirements if a *proceeds of crime authority has made an application for an *unexplained wealth order.
179N(2)
If a court with *proceeds jurisdiction makes a *preliminary unexplained wealth order in relation to the person, the *responsible authority must, within 7 days of the making of the order:
(a) give written notice of the order to the person who would be subject to the *unexplained wealth order if it were made; and
(b) provide to the person a copy of the application for the unexplained wealth order, and a copy of:
179N(2A)
The court may make an order extending the period during which the things referred to in subsection (2) must be done, by a period not exceeding 28 days, if:
(a) the *responsible authority applies for the order before the end of the period (including that period as previously extended); and
(b) the court is satisfied that it is appropriate to do so.
179N(2B)
The period referred to in subsection (2) may be extended more than once.
179N(3)
The *responsible authority must also give a copy of any other affidavit supporting the application to the person who would be subject to the *unexplained wealth order if it were made.
179N(4)
The copies must be given under subsection (3) within a reasonable time before the hearing in relation to whether the order is to be made.
View history note
Hide history noteThis section sets out the notice requirements if a *proceeds of crime authority has made an application for an *unexplained wealth order.
179N(2)
If a court with *proceeds jurisdiction makes a *preliminary unexplained wealth order in relation to the person, the *responsible authority must, within 7 days of the making of the order:
(a) give written notice of the order to the person who would be subject to the *unexplained wealth order if it were made; and
(b) provide to the person a copy of the application for the unexplained wealth order, and a copy of:
(i) the affidavit referred to in subsection 179B(2) ; or
(ii) if, because of subsection 179B(1A) , there is no such affidavit - the affidavit referred to in paragraph 179B(1B)(a) .
179N(2A)
The court may make an order extending the period during which the things referred to in subsection (2) must be done, by a period not exceeding 28 days, if:
(a) the *responsible authority applies for the order before the end of the period (including that period as previously extended); and
(b) the court is satisfied that it is appropriate to do so.
179N(2B)
The period referred to in subsection (2) may be extended more than once.
179N(3)
The *responsible authority must also give a copy of any other affidavit supporting the application to the person who would be subject to the *unexplained wealth order if it were made.
179N(4)
The copies must be given under subsection (3) within a reasonable time before the hearing in relation to whether the order is to be made.
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