Australian Capital Territory Numbered Acts

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CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 32

Making of restraining orders—specific serious offence not required etc

    (1)     For section 31 and to remove any doubt, if the relevant court is satisfied that there are reasonable grounds for the police officer's belief that a serious offence was committed by the offender within the relevant period mentioned in section 27 (Restraining orders—time for making certain applications), the court must not refuse to make a restraining order in relation to the offence only because the court is not satisfied—

        (a)     that the officer had any belief that a particular serious offence was committed within the relevant period; or

        (b)     that the officer had any belief about the particular day or time when the offender committed the offence within the relevant period; or

        (c)     that there are reasonable grounds for any belief by the officer about anything mentioned in paragraph (a) or (b).

Note     For the meaning of in relation to , see dict.

    (2)     Also, for section 31 and to remove any doubt, the relevant court must not refuse to make a restraining order in relation to the offender only because—

        (a)     an indictment has not been presented against the offender for the offence; or

        (b)     the offender has not been convicted of the offence; or

        (c)     the offender has been cleared of the offence, including being cleared after having been convicted of the offence; or

        (d)     a doubt is raised about whether the person committed the offence.



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