Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 (4 of 2010)

Schedule 1   Proceeds of crime

Part 3   Examinations

Proceeds of Crime Act 2002

104   Application

(1) Sections 180A and 180B of the Proceeds of Crime Act 2002, as inserted by this Part, apply in relation to applications for orders under section 73 or 77 of that Act:

(a) if the forfeiture order to which the application relates was or would be made under section 47 or 49 of that Act - that relate to restraining orders applied for on or after the commencement of this item; and

(b) if the forfeiture order to which the application relates was or would be made under section 48 of that Act - that relate to forfeiture orders applied for on or after the commencement of this item;

whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement.

(2) Sections 180A and 180B of the Proceeds of Crime Act 2002, as inserted by this Part, apply in relation to applications for orders under section 94 or 94A of that Act that relate to restraining orders applied for on or after the commencement of this item, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement.

(3) Sections 180C and 180E of the Proceeds of Crime Act 2002, as inserted by this Part, apply in relation to restraining orders applied for on or after the commencement of this item, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement.

(4) Section 180D of the Proceeds of Crime Act 2002, as inserted by this Part, applies in relation to confiscation orders applied for on or after the commencement of this item, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement.


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