Tasmanian Consolidated Acts

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CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 137

Setting aside or varying restraining orders
(1)  On hearing an objection under this Division to property being restrained property under a wealth-restraining order, the Supreme Court may set aside or vary all, or any part, of the wealth-restraining order as it applies to the restrained property, or class of restrained property, specified in the application.
(2)  The Supreme Court may only set aside or vary the wealth-restraining order as it applies to the restrained property if satisfied that it is more likely than not that the person who is, or will be, the subject of an unexplained wealth declaration does not own or effectively control the property.
(3)  If the Supreme Court sets aside or varies a specified restraining order under this Division, the Supreme Court may make any necessary or convenient ancillary orders.


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