Australian Capital Territory Current Acts

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CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 105

Order to stop sale, modification or destruction of restrained property

    (1)     A person may apply to a relevant court for an order stopping the public trustee and guardian from selling, modifying or disposing of restrained property under this division.

    (2)     If the person was not given notice of the proposed action by the public trustee and guardian, the person may make the application only with the leave of the relevant court and if the person satisfies the court that the person has an interest in the property.

Note     For general provisions about a proceeding for an order under this section (which is a confiscation proceeding—see s 236), see pt 14.

    (3)     On an application under this section, the court may make any order about the sale, modification or destruction of the property it considers appropriate.

    (4)     In this section:

"proposed action"—see section 102 (1).



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