Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-1 - RESTRAINING ORDERS  

Division 3 - Excluding property from restraining orders  

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 30   Application to exclude property from a restraining order before restraining order has been made  

30(1)    


A person may apply for an order under section 29 or 29A if a *restraining order that could cover property in which the person claims an *interest has been applied for, but is yet to be made.

30(2)    


The person must give written notice to the *responsible authority of both the application and the grounds on which the exclusion is sought.

30(3)    


The *responsible authority may appear and adduce evidence at the hearing of the application.

30(4)    


The *responsible authority must give the person notice of any grounds on which it proposes to contest the application.



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