Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 2002 - SECT 179C

Application to revoke a preliminary unexplained wealth order

  (1)   If a court makes a * preliminary unexplained wealth order requiring a person to appear before the court, the person may apply to the court to revoke the order.

  (2)   The application must be made:

  (a)   within 28 days after the person is notified of the * preliminary unexplained wealth order; or

  (b)   if the person applies to the court, within that period of 28 days, for an extension of the time for applying for revocation--within such longer period, not exceeding 3 months, as the court allows.

  (4)   However, the * preliminary unexplained wealth order remains in force until the court revokes the order.

  (5)   The court may revoke the * preliminary unexplained wealth order on application under subsection   (1) if satisfied that:

  (a)   there are no grounds on which to make the order at the time of considering the application to revoke the order; or

  (b)   it is in the public interest to do so; or

  (c)   it is otherwise in the interests of justice to do so.



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