Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 (4 of 2010)

Schedule 1   Proceeds of crime

Part 5   Ancillary orders

Proceeds of Crime Act 2002

154   After subsection 39(3)

Insert:

(3A) Despite subsection (3), the court must consider an application for an ancillary order without notice having been given under that subsection if:

(a) the *DPP requests the court to do so; and

(b) the *restraining order to which the application relates was considered, in accordance with subsection 26(4), without notice having been given.