Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING  

PART 3-1 - EXAMINATIONS  

Division 1 - Examination orders  

SECTION 181   Examination orders relating to applications relating to quashing of convictions  

181(1)    

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If an application relating to the * quashing of a person's conviction of an offence is made, as mentioned in section 81 , 107 , 146 or 173 , the court to which the application is made may make an order (an examination order ) for the * examination of any person, including:

(a) the person whose conviction is quashed; or

(b) a person whose property is, or a person who has an * interest in property that is, the subject of the forfeiture, * pecuniary penalty order or * literary proceeds order to which the application relates; or

(c) the spouse or * de facto partner of a person referred to in paragraph (a) or (b);

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about the *affairs of a person referred to in paragraph (a), (b) or (c).

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History

S 181(1) amended by No 4 of 2010, s 3 and Sch 1 items 105 and 106, by substituting " *affairs " for " affairs " and omitting " (including the nature and location of any property) " after " *affairs " , applicable in relation to convictions quashed on or after 20 February 2010, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement.

181(2)    
The * examination order ceases to have effect:

(a) if the application is withdrawn; or

(b) when the court makes a decision on the application.

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