Proceeds of Crime Act 2002

CHAPTER 5 - MISCELLANEOUS  

SECTION 316   Consent orders  

316(1)    
A court may make an order in a proceeding under Chapter 2 with the consent of:

(a) the applicant in the proceeding; and

(b) everyone whom the court has reason to believe would be affected by the order.

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History

S 316(1) amended by No 4 of 2010, s 3 and Sch 1 item 195, by substituting " would be affected by the order " for " has an interest in the property that is the subject of the proceeding " in para (b), applicable in relation to proceedings under Chapter 2 , whether commenced before, on or after 20 February 2010.

316(2)    
The order may be made:

(a) without consideration of the matters that the court would otherwise consider in the proceeding; and

(b) if the order is an order under section 47 (forfeiture orders relating to conduct constituting serious offences) or 49 (forfeiture orders relating to property suspected of proceeds of indictable offences etc) - before the end of the period of 6 months referred to in paragraph 47(1)(b) or 49(1)(b) (as the case requires).

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History

S 316(2) amended by No 4 of 2010, s 3 and Sch 1 item 196, by substituting para (b), applicable in relation to proceedings under Chapter 2 , whether commenced before, on or after 20 February 2010. Para (b) formerly read:

(b) if the order is an order under section 47 (forfeiture orders relating to conduct constituting serious offences) - before the end of the period of 6 months referred to in paragraph 47(1)(b) .

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