Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-1 - RESTRAINING ORDERS  

Division 4 - Giving effect to restraining orders  

SECTION 36   Court may set aside a disposition contravening a restraining order  

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36(1)    

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The *responsible authority may apply to the court to set aside a disposition or dealing with property that contravenes a * restraining order if that disposition or dealing was:

(a) not for * sufficient consideration; or

(b) not in favour of a person who acted in good faith.

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History

S 36(1) amended by No 174 of 2011, s 3 and Sch 2 item 40, by substituting " *responsible authority " for " *DPP " , effective 1 January 2012. For application provisions see note under s 315B .

36(2)    

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The *responsible authority must give, to each party to the disposition or dealing, written notice of both the application and the grounds on which it seeks the setting aside of the disposition or dealing.

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History

S 36(2) amended by No 174 of 2011, s 3 and Sch 2 item 40, by substituting " *responsible authority " for " *DPP " , effective 1 January 2012. For application provisions see note under s 315B .

36(3)    
The court may:

(a) set aside the disposition or dealing from the day it occurred; or

(b) set aside the disposition or dealing from the day on which the order is made and declare the rights of any persons who acquired * interests in the property on or after the day of the disposition or dealing and before the day on which the order is made.

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