Proceeds of Crime Act 2002

S 20A(1) amended by No 126 of 2018, s 3 and Sch 3 items 1 and 2, by substituting " , a *State offence that has a federal aspect or a *Territory offence " for " or a *State offence that has a federal aspect " in para (g)(i) and " , a State offence that has a federal aspect or a Territory offence " for " or a State offence that has a federal aspect " in para (g)(ii), effective 10 December 2018. No 126 of 2018, s 3 and Sch 3 item 10 contains the following application provision:

10 Application of amendments  
10
The amendments apply to an application made after 10 December 2018 for an order in relation to a State offence that has a federal aspect or an offence against a law of a self-governing Territory, whether or not:

(a) the offence is committed, or is suspected of having been committed, before or after 10 December 2018; or

(b) the application relates to wealth that is acquired before or after 10 December 2018; or

(c) the application relates to property that is acquired before or after 10 December 2018; or

(d) the application relates to property that becomes subject to the effective control of a person before or after 10 December 2018.

S 20A(1) amended by No 126 of 2018, s 3 and Sch 2 items 1 and 2, by inserting " , a *relevant offence of a *participating State " in para (g)(i) and " , a relevant offence of a participating State " in para (g)(ii), effective 10 December 2018.

S 20A(1) amended by No 21 of 2018, s 3 and Sch 1 item 2, by inserting " or realised, directly or indirectly, " in para (g)(ii), applicable after 29 March 2018 in relation to property derived or realised, before or after 29 March 2018, from the commission of an offence occurring before or after 29 March 2018.

S 20A(1) amended by No 6 of 2015, s 3 and Sch 1 item 2, by substituting " must order " for " may order " , applicable in relation to a restraining order applied for under that section on or after 26 February 2015, whether the application relates to: (a) property or wealth acquired before, on or after 26 February 2015; or (b) an offence suspected of having been committed before, on or after 26 February 2015.

S 20A(1) amended by No 174 of 2011, s 3 and Sch 2 item 12, by substituting " a *proceeds of crime authority " for " the *DPP " in para (c), effective 1 January 2012. For application provisions see note under s 315B .

S 20A(3) amended by No 126 of 2018, s 3 and Sch 3 items 3 and 4, by substituting " , a *State offence that has a federal aspect or a *Territory offence " for " or a *State offence that has a federal aspect " in para (c)(i) and " , a State offence that has a federal aspect or a Territory offence " for " or a State offence that has a federal aspect " in para (c)(ii), effective 10 December 2018. For application provision, see note under s 20A(1) .

S 20A(3) amended by No 126 of 2018, s 3 and Sch 2 items 3 and 4, by inserting " , a *relevant offence of a *participating State " in para (c)(i) and " , a relevant offence of a participating State " in para (c)(ii), effective 10 December 2018.

S 20A(3) amended by No 21 of 2018, s 3 and Sch 1 item 2, by inserting " or realised, directly or indirectly, " in para (c)(ii), applicable after 29 March 2018 in relation to property derived or realised, before or after 29 March 2018, from the commission of an offence occurring before or after 29 March 2018.

S 20A(3A) repealed by No 6 of 2015, s 3 and Sch 1 item 3, applicable in relation to a restraining order applied for under that section on or after 26 February 2015, whether the application relates to: (a) property or wealth acquired before, on or after 26 February 2015; or (b) an offence suspected of having been committed before, on or after 26 February 2015. S 20A(3A) formerly read:

Legal expenses

20A(3A)
Without limiting the manner and circumstances that may be specified in an order under paragraph (1)(b), the court may order that specified property may be disposed of or otherwise dealt with for the purposes of meeting a person ' s reasonable legal expenses arising from an application under this Act.

S 20A(3B) repealed by No 6 of 2015, s 3 and Sch 1 item 3, applicable in relation to a restraining order applied for under that section on or after 26 February 2015, whether the application relates to: (a) property or wealth acquired before, on or after 26 February 2015; or (b) an offence suspected of having been committed before, on or after 26 February 2015. S 20A(3B) formerly read:

20A(3B)
The court may make an order under subsection (3A) despite anything in section 24.

S 20A(3C) repealed by No 6 of 2015, s 3 and Sch 1 item 3, applicable in relation to a restraining order applied for under that section on or after 26 February 2015, whether the application relates to: (a) property or wealth acquired before, on or after 26 February 2015; or (b) an offence suspected of having been committed before, on or after 26 February 2015. S 20A(3C) formerly read:

20A(3C)
The court may require that a costs assessor certify that legal expenses have been properly incurred before permitting the payment of expenses from the disposal of any property covered by an order under subsection (3A) and may make any further or ancillary orders it considers appropriate.

S 20A(4) amended by No 6 of 2015, s 3 and Sch 1 item 4, by substituting all the words from and including " if " to and including " the order " , applicable in relation to a restraining order applied for under that section on or after 26 February 2015, whether the application relates to: (a) property or wealth acquired before, on or after 26 February 2015; or (b) an offence suspected of having been committed before, on or after 26 February 2015. The words formerly read:

if the court is satisfied that it is not in the public interest to make the order.

S 20A(4A) amended by No 6 of 2015, s 3 and Sch 1 item 5, by substituting " this section " for " subsection (1) " , applicable in relation to a restraining order applied for under that section on or after 26 February 2015, whether the application relates to: (a) property or wealth acquired before, on or after 26 February 2015; or (b) an offence suspected of having been committed before, on or after 26 February 2015.

S 20A(5) amended by No 6 of 2015, s 3 and Sch 1 item 6, by substituting " must " for " may " , applicable in relation to a restraining order applied for under that section on or after 26 February 2015, whether the application relates to: (a) property or wealth acquired before, on or after 26 February 2015; or (b) an offence suspected of having been committed before, on or after 26 February 2015.

S 20A inserted by No 3 of 2010, s 3 and Sch 1 item 5, effective 20 February 2010.