Proceeds of Crime Act 2002
An * approved examiner may, on application by the *responsible authority, give to a person who is the subject of an * examination order a written notice (an examination notice ) for the * examination of the person.
Hide history note
View history noteS 183(1) amended by No 174 of 2011, s 3 and Sch 2 item 106, by substituting " *responsible authority " for " *DPP " , effective 1 January 2012. For application provisions see note under s 315B .
183(2)
However, the * approved examiner must not give the * examination notice if: (a) an application has been made under section 42 for the * restraining order to which the notice relates to be revoked; and (b) the court to which the application is made orders that * examinations are not to proceed.
183(3)
The fact that criminal proceedings have been instituted or have commenced (whether or not under this Act) does not prevent the * approved examiner giving the * examination notice.
Approved examiners
183(4)
An approved examiner is a person who holds an appointment under this section.
S 183(4) substituted by No 153 of 2015, s 3 and Sch 14 item 11, effective 27 November 2015. No 153 of 2015, s 3 and Sch 14 item 12 contains the following transitional provision:
12 Transitional provision for approved examiners
12
A person who was an approved examiner for the purposes of the
Proceeds of Crime Act 2002
immediately before the commencement of this Part is taken to have been appointed under subsection
183(5)
of that Act on the commencement of this Part. This does not prevent later resignation or revocation of the appointment.
S 183(4) formerly read:
183(4)
An approved examiner is a person who:
(a) holds an office, or is included in a class of people, specified in the regulations; or
(b) is appointed by the Minister under this section.
183(5)
The Minister may appoint as an *approved examiner: (aa) the President or a Deputy President of the Administrative Review Tribunal; or (ab) a senior member or general member of the Administrative Review Tribunal who:
(i) is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory; and
(a) a person who holds an office, or is included in a class of people, specified in the regulations; or (b) a person who:
(ii) has been so enrolled for at least 5 years; or
(i) is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory; and
(ii) has been so enrolled for at least 5 years; and
(iii) has indicated to the Minister that the person is willing to be appointed.
S 183(5) amended by No 39 of 2024, s 3 and Sch 2 item 100, by inserting para (aa) and (ab), effective 14 October 2024.
S 183(5) inserted by No 153 of 2015, s 3 and Sch 14 item 11, effective 27 November 2015. For transitional provision, see note under s 183(4) .
183(6)
An *approved examiner may resign his or her appointment by giving the Minister a written resignation. The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
S 183(6) inserted by No 153 of 2015, s 3 and Sch 14 item 11, effective 27 November 2015. For transitional provision, see note under s 183(4) .
183(7)
The Minister may revoke an appointment of an *approved examiner.
S 183(7) inserted by No 153 of 2015, s 3 and Sch 14 item 11, effective 27 November 2015. For transitional provision, see note under s 183(4) .
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.
