Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 24

    (1)     The DPP may apply to a relevant court for an order that a dealing with restrained property be set aside if—

        (a)     the dealing was in contravention of the restraining order; and

        (b)     the dealing—

              (i)     was not for sufficient consideration; or

              (ii)     transferred property to a person who was not acting honestly; or

              (iii)     transferred property to a person who did not take reasonable care to establish that the property may be lawfully acquired by the person.

    (2)     On application under subsection (1), the court may make an order setting aside a dealing with property in contravention of a restraining order.

    (3)     The order may be expressed to take effect on—

        (a)     the day when the dealing took place; or

        (b)     the day when the order setting aside the dealing is made.

    (4)     If the court makes an order mentioned in subsection (3) (b), the court must declare the rights of anyone who acquired an interest in the property on or after the day of the dealing and before the day the order is made.

Note 1     For general provisions about a proceeding for a restraining order (which is a confiscation proceeding—see s 236), see pt 14.

Note 2     In particular, no advance notice to anyone is required of the application for the order, and the application may be heard in closed court, without the offender or the public being present (see s 243).