Tasmanian Consolidated Acts

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CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 178

Cancellation of registration of interstate orders relating to unexplained wealth
(1)  The Supreme Court is to cancel the registration under section 58 of an interstate restraining order, or interstate forfeiture order, that relates to unexplained wealth if registration of the order was improperly obtained.
(2)  The Supreme Court may cancel the registration under section 58 of an interstate restraining order, or interstate forfeiture order, that relates to unexplained wealth if the order ceases to be in force under the law of the Commonwealth, or of the State, under which the order was made.
(3)  An application under this section for the cancellation of the registration of an order may only be made by the person who applied for the registration, by the DPP or by a person affected by the order.
(4)  If the registration of an interstate restraining order, or interstate forfeiture order, is cancelled under subsection (1) or (2) and the order relates wholly or in part to land –
(a) the applicant under subsection (3) must lodge with the Recorder a certified copy of the order cancelling the registration of the interstate restraining order or interstate forfeiture order; and
(b) the Recorder is to register the certified copy of the order cancelling the registration against the relevant folio of the Register.
(5)  The registration under section 58 of an interstate restraining order, or interstate forfeiture order, ceases to have effect in relation to land when a certified copy of an order cancelling the registration of the interstate restraining order, or interstate forfeiture order, is registered under subsection (4)(b) .


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