Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-6 - UNEXPLAINED WEALTH ORDERS  

Division 1 - Making unexplained wealth orders  

SECTION 179C   Application to revoke a preliminary unexplained wealth order  

179C(1)    
If a court makes a *preliminary unexplained wealth order requiring a person to appear before the court, the person may apply to the court to revoke the order.

179C(2)    
The application must be made:


(a) within 28 days after the person is notified of the *preliminary unexplained wealth order; or


(b) if the person applies to the court, within that period of 28 days, for an extension of the time for applying for revocation - within such longer period, not exceeding 3 months, as the court allows.

179C(4)    
However, the *preliminary unexplained wealth order remains in force until the court revokes the order.

179C(5)    
The court may revoke the *preliminary unexplained wealth order on application under subsection (1) if satisfied that:


(a) there are no grounds on which to make the order at the time of considering the application to revoke the order; or


(b) it is in the public interest to do so; or


(c) it is otherwise in the interests of justice to do so.


 

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