Proceeds of Crime Act 2002
View history note
Hide history noteThis section sets out the notice requirements if a *proceeds of crime authority has made an application for an *unexplained wealth order.
179N(2)
If a court with *proceeds jurisdiction makes a *preliminary unexplained wealth order in relation to the person, the *responsible authority must, within 7 days of the making of the order:
(a) give written notice of the order to the person who would be subject to the *unexplained wealth order if it were made; and
(b) provide to the person a copy of the application for the unexplained wealth order, and a copy of:
(i) the affidavit referred to in subsection 179B(2) ; or
(ii) if, because of subsection 179B(1A) , there is no such affidavit - the affidavit referred to in paragraph 179B(1B)(a) .
179N(2A)
The court may make an order extending the period during which the things referred to in subsection (2) must be done, by a period not exceeding 28 days, if:
(a) the *responsible authority applies for the order before the end of the period (including that period as previously extended); and
(b) the court is satisfied that it is appropriate to do so.
179N(2B)
The period referred to in subsection (2) may be extended more than once.
179N(3)
The *responsible authority must also give a copy of any other affidavit supporting the application to the person who would be subject to the *unexplained wealth order if it were made.
179N(4)
The copies must be given under subsection (3) within a reasonable time before the hearing in relation to whether the order is to be made.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
