Crimes Legislation Amendment (Serious and Organised Crime) Act 2010 (3 of 2010)

Schedule 2   Other amendments relating to proceeds of crime

Part 7   Other amendments

Proceeds of Crime Act 2002

107   Application and transitional

(1) The amendment of section 42 of the Proceeds of Crime Act 2002 made by this Part applies in relation to the revocation of a restraining order on or after commencement, whether the application for that revocation was made before, on or after commencement.

(2) If an application under section 42 of the Proceeds of Crime Act 2002 for the revocation of a restraining order has been made but not determined as at commencement:

(a) the applicant may vary the application to take account of paragraph 42(5)(b) of the Proceeds of Crime Act 2002 as in force at commencement; and

(b) if the application is varied under paragraph (a) of this subitem - the applicant must give a copy of the application as varied, and written notice of any additional grounds that he or she proposes to rely on in seeking that revocation, to the DPP and the Official Trustee; and

(c) the DPP may adduce additional material to the court relating to those additional grounds.

(3) In this item:

commencement means the commencement of this item.