Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 102

    (1)     The public trustee and guardian must give written notice of a proposed sale, modification or destruction of restrained property under section 101 (the "proposed action") to—

        (a)     the owner of the property (if known); and

        (b)     anyone else the public trustee and guardian believes may have an interest in the property.

Note 1     For how documents may be given, see the Legislation Act

, pt 19.5.

Note 2     For the emergency modification or destruction of restrained property, see s 103.

    (2)     The notice must state—

        (a)     the proposed action and the property to which it applies; and

        (b)     the date when the proposed action is to be taken (the date of effect ); and

        (c)     that the proposed action may be taken on or after the date of effect unless a relevant court orders the public trustee and guardian not to take the proposed action.

    (3)     The notice may, but need not, provide an opportunity for the person to make representations why the proposed action should not be taken.

    (4)     The date of effect must not be earlier than 21 days after the day the notice is given to the person.

Note     For the power to give a reduced period of notice, see s 103.

    (5)     The public trustee and guardian must not take the proposed action before the date of effect.

Note     For the power not to give notice of the modification or destruction of property, see s 103.