Western Australian Current Acts

CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 84

84 .         Other frozen property, release of

        (1)         The court may set aside a freezing order for property that was frozen under section 43(3) if the court finds that it is more likely than not that the person who is or will be the respondent to the unexplained wealth declaration, criminal benefits declaration or crime-used property substitution declaration does not own or effectively control the property, and has not at any time given it away.

        (2)         The court may set aside a freezing notice issued for property under section 34(3) or a freezing order for property that was frozen under section 43(5) if the court finds that it is more likely than not that the person who is or will be charged with the offence does not own or effectively control the property, and has not at any time given it away.

        (3)         The court may make any necessary or convenient ancillary orders.