Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 2002 - SECT 179N

Notice of application

  (1)   This section sets out the notice requirements if a * proceeds of crime authority has made an application for an * unexplained wealth order.

  (2)   If a court with * proceeds jurisdiction makes a * preliminary unexplained wealth order in relation to the person, the * responsible authority must, within 7 days of the making of the order:

  (a)   give written notice of the order to the person who would be subject to the * unexplained wealth order if it were made; and

  (b)   provide to the person a copy of the application for the unexplained wealth order, and a copy of:

  (i)   the affidavit referred to in subsection   179B(2); or

  (ii)   if, because of subsection   179B(1A), there is no such affidavit--the affidavit referred to in paragraph   179B(1B)(a).

  (2A)   The court may make an order extending the period during which the things referred to in subsection   (2) must be done, by a period not exceeding 28 days, if:

  (a)   the * responsible authority applies for the order before the end of the period (including that period as previously extended); and

  (b)   the court is satisfied that it is appropriate to do so.

  (2B)   The period referred to in subsection   (2) may be extended more than once.

  (3)   The * responsible authority must also give a copy of any other affidavit supporting the application to the person who would be subject to the * unexplained wealth order if it were made.

  (4)   The copies must be given under subsection   (3) within a reasonable time before the hearing in relation to whether the order is to be made.



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