Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 2002 - SECT 93

Making an extension order extending the period before property is forfeited

  (1)   The court that made the * restraining order referred to in paragraph   92(1)(b) may make an order (an extension order ) specifying an extended period for the purposes of subsection   92(3) if:

  (a)   an application for the order is made within 6 months after the start of the * conviction day for the relevant conviction; and

  (b)   the applicant has also applied to the court under:

  (i)   section   30 or 31 to exclude property from the restraining order; or

  (ii)   section   94 to exclude the property that is covered by the restraining order from forfeiture under this Part; and

  (c)   the court is satisfied that the applicant made the application under section   30, 31 or 94 without undue delay, and has since diligently followed up that application.

The extended period specified must end no later than 15 months from the start of the conviction day for the relevant conviction.

  (2)   The * extension order stops being in force if the application under section   30, 31 or 94 is finally determined before the end of the 6 month period starting on the * conviction day for the relevant conviction.

  (3)   The extended period ends if the application under section   30, 31 or 94 is finally determined before the end of that period.

  (4)   If the court makes the * extension order, the * responsible authority must take reasonable steps to give any person who has or claims, or whom the authority reasonably believes may have, an * interest in the property to which the order relates a written notice stating:

  (a)   the date on which the property will be forfeited under this Part, in accordance with the extension order, unless it is excluded from forfeiture; and

  (b)   the effect of subsections   (2) and (3).



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