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: (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:
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: (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
(a) a person who holds an office, or is included in a class of people, specified in the regulations; or (b) a person who:
(ii) has been so enrolled for at least 5 years; or
(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.
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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