Proceeds of Crime Act 2002
CHAPTER 3
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INFORMATION GATHERING
PART 3-1
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EXAMINATIONS
Division 2
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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:
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.
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.
View history note
Hide history note183(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.
[ CCH Note: S 183(5) will be amended by No 39 of 2024, s 3 and Sch 2 item 100, by inserting para (aa) and (ab) before para (a), effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence. Para (aa) and (ab) will read:
]
(aa) the President or a Deputy President of the Administrative Review Tribunal; or
(ab) a senior member or general member of the Administrative Review Tribunal 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; or
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.
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