Australian Capital Territory Numbered Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 253

    (1)     If a relevant court makes an order in a confiscation proceeding, the applicant for the order must give a copy of the order to—

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

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

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

        (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).

Note     For how documents may be served, see Legislation Act, pt 19.5.

    (2)     The court may order the applicant to give notice of the order to anyone else and may give directions about how the notice is to be given.

    (3)     The court must not make an order under subsection (2) if compliance with the order would be inconsistent with a direction under section 69 (1) (b) (Civil forfeiture order proceedings—restrictions on disclosure).

    (4)     This section does not apply to the making of restraining orders or non-disclosable information orders.

Note     See div 4.2 about notice of the making of restraining orders and pt 12 about making information orders.