Australian Capital Territory Repealed Regulations

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This legislation has been repealed.

PROCEEDS OF CRIME REGULATIONS 1993 NO 50 (REPEALED) - REG 11

Notice by DPP of possible claims under the equitable sharing program

    (1)     In this regulation:

"property" means money, proceeds or an amount, as each case requires, referred to in the Act, section 4 (1), definition of proceeds of confiscated assets , paragraph (b), (c), (d), (e), (f), (i) or (j).

    (2)     As soon as practicable after—

        (a)     a forfeiture order is made under the Act, section 19 (1); or

        (b)     the forfeiture under the Act, section 28 of property within the meaning of that section; or

        (c)     a restraining order is made under the Act, section 45 (2);

the DPP shall give written notice to the public trustee if the DPP considers that the property to which the order relates, or that is forfeited, is property in relation to which a claim may be made under the equitable sharing program.

    (3)     If the DPP—

        (a)     applies to a court for a pecuniary penalty order under the Act, division 2.3; or

        (b)     considers that a claim may be made under the equitable sharing program in relation to any amount that is, or may be, paid into the trust fund as a result of the order;

the DPP shall, as soon as practicable, give written notice to the public trustee accordingly.

    (4)     A notice under subregulation (2) or (3) shall include—

        (a)     the name of the claimant State or Territory; and

        (b)     the percentage of the property likely to be payable in relation to the claim; and

        (c)     other brief particulars of the claim.



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