Western Australian Current Acts

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CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 35

35 .         Freezing notices, contents of

        (1)         A freezing notice must —

            (a)         describe the property covered by the notice; and

            (b)         include an estimate of the value of the property; and

            (c)         if the property has been removed from the place in which it was found — indicate where, when and from whom it was taken; and

            (d)         summarise the effect of the notice; and

            (e)         advise the recipient to the effect that the property described in the order may be confiscated automatically under this Act unless an objection to the confiscation of the property is filed in the court specified in the notice within 28 days after the date of service of the notice; and

            (f)         tell the recipient that he or she may be eligible to file an objection to the confiscation of the property; and

            (g)         give details of the recipient’s obligations under section 37; and

            (h)         give any directions necessary for the security and management of the property while the notice is in force.

        (2)         For the purposes of subsection (1)(b), a police officer may estimate the value of the property, or may have the property valued by an appropriately qualified valuer.

        (3)         For the purposes of subsection (1)(h), a police officer or the DPP may arrange for an inventory to be taken of any fittings, fixtures or moveable goods in or on the property.



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