CHAPTER 3
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INFORMATION GATHERING
PART 3-1
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EXAMINATIONS
Division 1
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Examination orders
SECTION 180A
Examination orders relating to applications for exclusion from forfeiture
180A(1)
If an application for an order under section
73
or
94
for an *interest in property to be excluded from forfeiture is made, the court to which the application is made may make an order (an
examination order
) for the *examination of any person including:
(a)
a person who has or claims an interest in the property; or
(b)
the spouse or *de facto partner of a person referred to in paragraph (a);
about the *affairs of a person referred to in paragraph (a) or (b).
180A(2)
The *examination order ceases to have effect when:
(a)
the application is withdrawn; or
(b)
the court makes a decision on the application.
History
S 180A inserted by No 4 of 2010, s 3 and Sch 1 item 103, effective 20 February 2010. No 4 of 2010, s 3 and Sch 1 item 104 contains the following application provision:
Application
(1)
Sections 180A and
180B
of the
Proceeds of Crime Act 2002
, as inserted, apply in relation to applications for orders under section
73
or
77
of that Act:
(a)
if the forfeiture order to which the application relates was or would be made under section
47
or
49
of that Act
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that relate to restraining orders applied for on or after 20 February 2010; and
(b)
if the forfeiture order to which the application relates was or would be made under section
48
of that Act
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that relate to forfeiture orders applied for on or after 20 February 2010;
whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement.
(2)
Sections 180A and
180B
of the
Proceeds of Crime Act 2002
, as inserted, apply in relation to applications for orders under section
94
or
94A
of that Act that relate to restraining orders applied for on or after 20 February 2010, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement.