Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 2002 - SECT 44

Giving security etc. to revoke etc. a restraining order

  (1)   A court may:

  (a)   revoke a * restraining order that covers a * suspect's property; or

  (b)   exclude specified property from such a restraining order;

if:

  (c)   the suspect applies to the court to revoke the order or exclude the property; and

  (d)   the suspect gives written notice of the application to the * responsible authority; and

  (e)   the suspect gives security that is satisfactory to the court to meet any liability that may be imposed on the suspect under this Act.

  (2)   A court may:

  (a)   revoke a * restraining order that covers the property of a person who is not a * suspect; or

  (b)   exclude specified property from such a restraining order;

if:

  (c)   the person applies to the court to revoke the order or exclude the property; and

  (d)   the person gives written notice of the application to the * responsible authority; and

  (e)   the person gives an undertaking concerning the person's property that is satisfactory to the court.


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