Proceeds of Crime Act 2002

S 136(1) amended by No 174 of 2011, s 3 and Sch 2 item 76, by substituting " *responsible authority " for " *DPP " , effective 1 January 2012. For application provisions see note under s 315B .

S 136(2) amended by No 174 of 2011, s 3 and Sch 2 item 76, by substituting " *responsible authority " for " *DPP " , effective 1 January 2012. For application provisions see note under s 315B .

S 136(2) amended by No 4 of 2010, s 3 and Sch 1 item 79, by omitting " , and any affidavit supporting the application, " after " copy of the application " , applicable in relation to applications made on or after 20 February 2010 for pecuniary penalty orders, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement.

S 136(3) amended by No 174 of 2011, s 3 and Sch 2 item 76, by substituting " *responsible authority " for " *DPP " , effective 1 January 2012. For application provisions see note under s 315B .

S 136(3) substituted by No 4 of 2010, s 3 and Sch 1 item 80, applicable in relation to applications made on or after 20 February 2010 for pecuniary penalty orders, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement. S 136(3) formerly read:

136(3)
However, the * DPP may delay giving a copy of an affidavit to the person if the court to which the application was made so orders.

S 136(4) repealed by No 4 of 2010, s 3 and Sch 1 item 80, applicable in relation to applications made on or after 20 February 2010 for pecuniary penalty orders, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement. S 136(4) formerly read:

136(4)
The court must not make such an order unless it is satisfied that:

(a) including a copy of the affidavit with the notice would prejudice the investigation of, or the prosecution of a person for, an offence; or

(b) it is for any other reason appropriate to make the order.