Crimes Legislation Amendment (Serious and Organised Crime) Act 2010 (3 of 2010)

Schedule 1   Unexplained wealth

Part 1   Main amendments

Proceeds of Crime Act 2002

7   After section 29

Insert:

29A Court may exclude property from a restraining order made under section 20A

The court to which an application for a *restraining order under section 20A was made may, when the order is made or at a later time, exclude specified property from the order if:

(a) an application is made under section 30 or 31; and

(b) the court is satisfied that:

(i) the property is property of a person other than the *suspect; and

(ii) the property is not subject to the *effective control of the suspect.

Note: Section 32 may prevent the court from hearing the application until the DPP has had a reasonable opportunity to conduct an examination of the applicant.