Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 104

    (1)     The public trustee and guardian must include details of a notice given under section 102 or section 103 in the public trustee and guardian's report under the Annual Reports (Government Agencies) Act 2004

for—

        (a)     the financial year during which the notice was given; or

        (b)     if the chief police officer has, under this section, declared the publication of details of the notice to be prejudicial—the next financial year after the chief police officer revokes the declaration.

Note     Financial year has an extended meaning in the Annual Reports (Government Agencies) Act 2004

.

    (2)     Before including details of the notice in a report under subsection (1) (a), the public trustee and guardian must consult the chief police officer about whether publication of the details of the notice in the report would be likely to prejudice any police investigation.

    (3)     If, in the chief police officer's opinion, the publication of the details of the notice in the report would be likely to prejudice a police investigation, the chief police officer must—

        (a)     declare the publication of the details to be prejudicial; and

        (b)     tell the public trustee and guardian, in writing, that the declaration is made.

    (4)     If, in the chief police officer's opinion after making a declaration, the publication of details of the notice would no longer be likely to prejudice any police investigation, the chief police officer must—

        (a)     revoke the declaration; and

        (b)     tell the public trustee and guardian, in writing, that the declaration is revoked.

    (5)     In this section:

"police investigation" includes a contemplated police investigation.