Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 244

    (1)     This section applies to an application to a relevant court to begin a confiscation proceeding (other than a restricted access proceeding mentioned in section 243) or to amend such an application.

Note 1     No notice of the application is required for a restricted access proceeding (see s 243 (2)).

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).

Note 3     Related confiscation proceedings are taken to be an interlocutory application and started in accordance with the procedure of the relevant court (see s 245).

    (2)     The applicant must give written notice of the application to each of the following people, if applicable (a notifiable person ):

        (a)     if the application is made by the DPP—the person in relation to whom the order is sought;

        (b)     if the application is made by someone else—the DPP;

        (c)     if the public trustee and guardian has been directed to take control of the property—the public trustee and guardian;

        (d)     anyone else the applicant believes may have an interest in the property or benefits that are the subject of the proceeding (or, for forfeited property, may have had an interest in the property or benefits immediately before the property was forfeited).

    (3)     Notice of the application must include a statement of the grounds for the application.

    (4)     If a notifiable person proposes to oppose the application, the notifiable person must give the applicant written notice of the grounds on which the application will be opposed.

    (5)     However, the court may waive the requirement to give written notice of the application to a notifiable person if the person is present in the court when the application is made.

    (6)     The court may direct the applicant give notice of the application to anyone and may give directions about how the notice is to be given.

    (7)     A notifiable person, and anyone else who claims an interest in the property or benefits, is entitled to appear and to present evidence at the hearing of the application, but the person's absence does not prevent the court from making an order.