Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 2002 - SECT 92A

Notice of date of forfeiture under this Part, etc.

  (1)   The * responsible authority for the * restraining order referred to in paragraph   92(1)(b) must, before property is forfeited under this Part, take reasonable steps to give any person who has or claims, or whom the authority reasonably believes may have, an * interest in the property a written notice stating:

  (a)   the date on which the property will be forfeited under this Part unless it is excluded from forfeiture; and

  (b)   the effect of section   93 (which deals with * extension orders); and

  (c)   that the person may be able to apply for an order under one of the following sections in relation to the property:

  (i)   section   29 (which deals with the exclusion of property from * restraining orders);

  (ii)   section   94 (which deals with the exclusion of property from forfeiture);

  (iii)   section   94A (which deals with compensation).

  (2)   However, the * responsible authority need not give a notice to a person under subsection   (1) if the person has made:

  (a)   an application for an * extension order in relation to the property; and

  (b)   an application under section   30, 31 or 94 in relation to the property.



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