Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-2 - FORFEITURE ORDERS  

Division 5 - Reducing the effect of forfeiture orders  

Subdivision C - Compensating for proportion of property not derived or realised from commission of any offence  

 View history note

 Hide history note

History

Subdiv C (heading) substituted by No 4 of 2010, s 3 and Sch 1 item 29, effective 20 February 2010. For application provision, see note under s 73(1) . The heading formerly read:

Subdivision C - Compensating for the proportion of property that did not involve proceeds of an offence

SECTION 79   Giving notice of matters relevant to an application  

View history reference

79(1)    

View history reference

An applicant for a * compensation order must give written notice to the *responsible authority of both the application and the grounds on which the order is sought.

Note:

The responsible authority in relation to an application for a compensation order is the authority responsible for the forfeiture order or forfeiture application referred to in section 77 (making compensation orders).

 View history note

 Hide history note

History

S 79(1) amended by No 174 of 2011, s 3 and Sch 2 items 56 and 124, by substituting " *responsible authority " for " *DPP " and inserting a note at the end, effective 1 January 2012. For application provisions see note under s 315B .

79(2)    

View history reference

The *responsible authority may appear and adduce evidence at the hearing of the application.

 View history note

 Hide history note

History

S 79(2) amended by No 174 of 2011, s 3 and Sch 2 item 56, by substituting " *responsible authority " for " *DPP " , effective 1 January 2012. For application provisions see note under s 315B .

79(3)    

View history reference

The *responsible authority must give the applicant notice of any grounds on which it proposes to contest the application. However, the authority need not do so until it has had a reasonable opportunity to conduct *examinations in relation to the application.

 View history note

 Hide history note

History

S 79(3) amended by No 174 of 2011, s 3 and Sch 2 item 56, by substituting " *responsible authority " for " *DPP " and " authority " for " DPP " , effective 1 January 2012. For application provisions see note under s 315B .

S 79(3) amended by No 4 of 2010, s 3 and Sch 1 item 33, by inserting the sentence beginning with " However, the DPP " at the end, effective 20 February 2010. For application provision, see note under s 73(1) .

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.