Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-1 - RESTRAINING ORDERS  

Division 3 - Excluding property from restraining orders  

Note:

In addition to this Division, section 44 provides for property to be excluded from a restraining order on the giving of satisfactory security.

SECTION 29A  

29A   Excluding property from a restraining order made under section 20A  

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The court to which an application for a *restraining order under section 20A was made must, when the order is made or at a later time, exclude a specified *interest in property from the order if:

(a) an application is made under section 30 or 31 ; and

(b) the court is satisfied that the interest is held by a person other than the *suspect and is not subject to the *effective control of the suspect.

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Note:

Section 32 may prevent the court from hearing the application until the responsible authority has had a reasonable opportunity to conduct examinations in relation to the restraining order.

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History

S 29A amended by No 174 of 2011, s 3 and Sch 2 item 117, by substituting " responsible authority " for " DPP " in the note at the end, effective 1 January 2012. For application provisions see note under s 315B .

S 29A amended by No 4 of 2010, s 3 and Sch 1 items 11 to 14, by substituting " must " for " may " , substituting " a specified *interest in " for " specified " , substituting para (b) and substituting " examinations in relation to the restraining order " for " an examination of the applicant " in the note, effective 20 February 2010. Division 3 of Part 2-1 of the Proceeds of Crime Act 2002 , as amended, applies in relation to restraining orders applied for on or after 20 February 2010, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement. Para (b) formerly read:

(b) the court is satisfied that:

(i) the property is property of a person other than the *suspect; and

(ii) the property is not subject to the *effective control of the suspect.

S 29A inserted by No 3 of 2010, s 3 and Sch 1 item 7, effective 20 February 2010.

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