Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING  

PART 3-1 - EXAMINATIONS  

Division 3 - Conducting examinations  

SECTION 187   Requirements made of person examined  

187(1)    
The person may be examined on oath or affirmation by:

(a)    the * approved examiner; and

(b)    

the *responsible authority.

187(2)    
The * approved examiner may, for that purpose:

(a)    require the person either to take an oath or to make an affirmation; and

(b)    administer an oath or affirmation to the person.

187(3)    
The oath or affirmation to be taken or made by the person for the purposes of the * examination is an oath or affirmation that the statements that the person will make will be true.

187(4)    


The * examination must not relate to a person's *affairs:

(a)    if the * examination relates to a * restraining order and the person is no longer a person whose affairs can, under section 180 , be subject to the examination; or

(aa)    

if the examination relates to an application for exclusion from forfeiture and the person is no longer a person whose affairs can, under section 180A , be subject to the examination; or

(ab)    

if the examination relates to an application for an order under section 77 or 94A and the person is no longer a person whose affairs can, under section 180B , be subject to the examination; or

(ac)    

if the examination relates to an application for an order under section 102 and the person is no longer a person whose affairs can, under section 180C , be subject to the examination; or

(ad)    

if the examination relates to a *confiscation order that has not been satisfied and the person is no longer a person whose affairs can, under section 180D , be subject to the examination; or

(ae)    

if the examination relates to a *restraining order that has been revoked and the person is no longer a person whose affairs can, under section 180E , be subject to the examination; or

(b)    if the examination relates to the * quashing of a conviction for an offence and the person is no longer a person whose affairs can, under section 181 , be subject to the examination; or

(c)    if the examination relates to an application for an order under section 57 and the person is no longer a person whose affairs can, under section 181A , be subject to the examination; or

(d)    

if the examination relates to an application for an order under section 103 and the person is no longer a person whose affairs can, under section 181B , be subject to the examination.

187(5)    
The * approved examiner may require the person to answer a question that:

(a)    is put to the person at the * examination; and

(b)    

is relevant to the *affairs of a person whose affairs can, under section 180 , 180A , 180B , 180C , 180D , 180E , 181 , 181A or 181B , be subject to the examination.

 

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