Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING  

PART 3-1 - EXAMINATIONS  

Division 2 - Examination notices  

SECTION 183   Examination notices  

183(1)    

An * approved examiner may, on application by the *responsible authority, give to a person who is the subject of an * examination order a written notice (an examination notice ) for the * examination of the person.

183(2)    
However, the * approved examiner must not give the * examination notice if:

(a) an application has been made under section 42 for the * restraining order to which the notice relates to be revoked; and

(b) the court to which the application is made orders that * examinations are not to proceed.

183(3)    
The fact that criminal proceedings have been instituted or have commenced (whether or not under this Act) does not prevent the * approved examiner giving the * examination notice.

Approved examiners

183(4)    

An approved examiner is a person who holds an appointment under this section.

183(5)    

The Minister may appoint as an *approved examiner:

(a) a person who holds an office, or is included in a class of people, specified in the regulations; or

(b) a person who:

(i) is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory; and

(ii) has been so enrolled for at least 5 years; and

(iii) has indicated to the Minister that the person is willing to be appointed.

183(6)    

An *approved examiner may resign his or her appointment by giving the Minister a written resignation. The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.

183(7)    

The Minister may revoke an appointment of an *approved examiner.