Crimes Legislation Amendment (Economic Disruption) Act 2021 (3 of 2021)

Schedule 3   Buy-backs

Part 1   Amendments

Proceeds of Crime Act 2002

6   After section 181

Insert:

181A Examination orders relating to applications under section 57A

(1) If an application for an order under section 57 (which deals with buying back forfeited property) is made under section 57A in relation to property that is the subject of a *forfeiture order, the court to which the application is made may make an order (an examination order ) for the *examination of any person including:

(a) the person who made the application; or

(b) a person who is a *suspect in relation to the forfeiture order; or

(c) in a case where the property was covered by a *restraining order when the forfeiture order was made - a person who is a suspect in relation to the restraining order; or

(d) the spouse or *de facto partner of a person referred to in paragraph (a), (b) or (c);

about the *affairs of a person referred to in paragraph (a), (b), (c) or (d).

(2) The *examination order ceases to have effect when:

(a) the application is withdrawn; or

(b) the court makes a decision on the application.

181B Examination orders relating to applications under section 104A

(1) If an application for an order under section 103 (which deals with buying back forfeited property) is made under section 104A in relation to property, the court to which the application is made may make an order (an examination order ) for the *examination of any person including:

(a) the person who made the application; or

(b) a person who is a *suspect in relation to the *restraining order mentioned in section 103; or

(c) the spouse or *de facto partner of a person referred to in paragraph (a) or (b);

about the *affairs of a person referred to in paragraph (a), (b) or (c).

(2) The *examination order ceases to have effect when:

(a) the application is withdrawn; or

(b) the court makes a decision on the application.