Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-1 - RESTRAINING ORDERS  

Division 4 - Giving effect to restraining orders  

SECTION 33   Notice of a restraining order  

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33(1)    

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If a court makes a * restraining order covering property that a person owns, the *responsible authority must give written notice of the order to the person.

Note:

A person who was not notified of the application for a restraining order may apply to revoke the restraining order within 28 days of being notified of the order: see section 42 .

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History

S 33(1) amended by No 174 of 2011, s 3 and Sch 2 item 39, by substituting " *responsible authority " for " *DPP " , effective 1 January 2012. For application provisions see note under s 315B .

33(2)    

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The *responsible authority must include a copy of the application and any affidavit supporting the application with the notice (if those documents have not already been given to the person).

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History

S 33(2) amended by No 174 of 2011, s 3 and Sch 2 item 39, by substituting " *responsible authority " for " *DPP " , effective 1 January 2012. For application provisions see note under s 315B .

33(3)    

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However, the court may order that:

(a) all or part of the application or affidavit is not to be given to the person; or

(b) the *responsible authority delay giving the notice (and the documents included with the notice) for a specified period;

if the authority requests the court to do so and the court considers that this is appropriate in order to protect the integrity of any investigation or prosecution.

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History

S 33(3) amended by No 174 of 2011, s 3 and Sch 2 item 39, by substituting " *responsible authority " for " *DPP " in para (b) and " authority " for " DPP " , effective 1 January 2012. For application provisions see note under s 315B .

33(4)    

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If the court orders the *responsible authority to delay giving the notice (and the documents included with the notice) for a specified period, the DPP must give the notice as soon as practicable after the end of that period.

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History

S 33(4) amended by No 174 of 2011, s 3 and Sch 2 item 39, by substituting " *responsible authority " for " *DPP " , effective 1 January 2012. For application provisions see note under s 315B .

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