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.
History
S 30(1) substituted by No 4 of 2010, s 3 and Sch 1 item 15, effective 20 February 2010. Division
3
of Part
2-1
of the
Proceeds of Crime Act 2002
, as amended, applies in relation 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. S 30(1) formerly read:
30(1)
A person whose property would be covered by a
*
restraining order may apply to the court to exclude specified property from the restraining order within 14 days after being notified of the application for the order.
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.
History
S 30(2) amended by No 174 of 2011, s 3 and Sch 2 item 36, by substituting
"
*responsible authority
"
for
"
*DPP
"
, effective 1 January 2012. For application provisions see note under s
315B
.
30(3)
The *responsible authority may appear and adduce evidence at the hearing of the application.
History
S 30(3) amended by No 174 of 2011, s 3 and Sch 2 item 36, by substituting
"
*responsible authority
"
for
"
*DPP
"
, effective 1 January 2012. For application provisions see note under s
315B
.
30(4)
The *responsible authority must give the person notice of any grounds on which it proposes to contest the application.
History
S 30(4) amended by No 174 of 2011, s 3 and Sch 2 item 36, by substituting
"
*responsible authority
"
for
"
*DPP
"
, effective 1 January 2012. For application provisions see note under s
315B
.