Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 90VA

Notification of proceeds of crime orders etc.

  (1)   If:

  (a)   a person makes an application for an order, under this Part, with respect to:

  (i)   the property of the parties to a   de   facto   relationship or either of them; or

  (ii)   the maintenance of a party to a   de   facto   relationship; and

  (b)   the person knows that the property of the parties to the   de   facto   relationship or either of them is covered by:

  (i)   a proceeds of crime order; or

  (ii)   a forfeiture application;

the person must:

  (c)   disclose in the application the proceeds of crime order or forfeiture application; and

  (d)   give to the court a sealed copy of that order or application.

  (2)   A person who does not comply with subsection   (1) commits an offence punishable, on conviction, by a fine not exceeding 50 penalty units.

  (3)   If:

  (a)   a person is a party to   de   facto   property settlement or maintenance proceedings under this Part; and

  (b)   the person is notified by the proceeds of crime authority that the property of the parties to the   de   facto   relationship or either of them is covered by:

  (i)   a proceeds of crime order; or

  (ii)   a forfeiture application;

the person must:

  (c)   notify the Registry Manager in writing of the proceeds of crime order or forfeiture application; and

  (d)   give the Registry Manager:

  (i)   a copy of the notification referred to in paragraph   (b) (if the notification is in writing); and

  (ii)   a copy of the proceeds of crime order or forfeiture application (if the notification is accompanied by a copy of the order or application).

  (4)   A person who does not comply with subsection   (3) commits an offence punishable, on conviction, by a fine not exceeding 50 penalty units.


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