Proceeds of Crime Act 2002
CHAPTER 2
-
THE CONFISCATION SCHEME
PART 2-1
-
RESTRAINING ORDERS
Division 3
-
Excluding property from restraining orders
The court to which an application for a *restraining order under section 20A was made must, when the order is made or at a later time, exclude a specified *interest in property from the order if:
(a) an application is made under section 30 or 31 ; and
(b) the court is satisfied that the interest is held by a person other than the *suspect and is not subject to the *effective control of the suspect.
Note:
In addition to this Division, section 44 provides for property to be excluded from a restraining order on the giving of satisfactory security.
SECTION 29A 29A Excluding property from a restraining order made under section 20AThe court to which an application for a *restraining order under section 20A was made must, when the order is made or at a later time, exclude a specified *interest in property from the order if:
(a) an application is made under section 30 or 31 ; and
(b) the court is satisfied that the interest is held by a person other than the *suspect and is not subject to the *effective control of the suspect.
Note:
Section 32 may prevent the court from hearing the application until the responsible authority has had a reasonable opportunity to conduct examinations in relation to the restraining order.
View history note
Hide history noteThis information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.