Australian Capital Territory Repealed Acts

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This legislation has been repealed.

PROCEEDS OF CRIME ACT 1991 NO 103 (REPEALED) - SECT 52

Order for taxation of legal expenses to be met out of restrained property

    (1)         Where—

        (a)     the Supreme Court makes a restraining order directing the public trustee to take custody and control of property; and

        (b)     the order makes provision for meeting, out of the property or part of it, a person's reasonable expenses in defending a criminal charge;

the public trustee may apply to the court for an order under subsection (3).

    (2)         The public trustee shall give written notice of an application under subsection (1) to the person.

    (3)         On an application under subsection (1), the Supreme Court may order that the expenses be taxed as provided in the order or may dismiss the application.

    (4)         Where the public trustee makes an application under subsection (1), he or she need not, except as ordered by the Supreme Court after the application is made, take any steps for the purpose of meeting the expenses as provided by the restraining order unless and until—

        (a)     an order under subsection (3) in relation to the expenses is complied with; or

        (b)     the application, and any appeal arising out of it, are finally determined, or otherwise disposed of, otherwise than by the making of such an order.



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