Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-1 - RESTRAINING ORDERS  

Division 4 - Giving effect to restraining orders  

SECTION 35   Notifying registration authorities of exclusions from or variations to restraining orders  

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35(1)    

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If the *responsible authority for a *restraining order covering particular property has previously applied to a *registration authority under section 34 for the recording in a register of particulars of the order, the responsible authority must notify the registration authority if:

(a) the property is no longer covered by the order because it is excluded from the order under section 29 or 29A or because the property covered by the order is varied under section 39 ; or

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(b) a condition to which a restraining order is subject is varied under section 39 .

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History

S 35(1) amended by No 174 of 2011, s 3 and Sch 2 item 119, by substituting " If the *responsible authority for a *restraining order covering particular property has previously applied to a *registration authority under section 34 for the recording in a register of particulars of the order, the responsible authority " for " If the * DPP has previously applied to a * registration authority under section 34 for the recording in a register of particulars of a * restraining order covering particular property, the DPP " , effective 1 January 2012. For application provisions see note under s 315B .

S 35(1) amended by No 3 of 2010, s 3 and Sch 1 item 8, by inserting " or 29A " after " 29 " in para (a), effective 19 February 2010.

35(2)    
The notice must be given within a reasonable time after the order under section 39 is made.

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