Commonwealth Numbered Acts

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PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 93

Making an extension order extending the period before property is forfeited

(1) The court that made the * restraining order referred to in paragraph 92(1)(b) may make an order (an extension order ) specifying an extended period for the purposes of subsection 92(3) if:

(a)
an application for the order is made within 6 months after the start of the day of the relevant conviction; and

(b)
the applicant has also applied to the court under section 31 to exclude property from the restraining order; and

(c)
the court is satisfied that the applicant made the application under section 31 without undue delay, and has since diligently followed up that application.

The extended period specified must end no later than 15 months from the start of the day of the relevant conviction.

(2) The * extension order stops being in force if the application under section 31 is finally determined before the end of the 6 month period starting on the day of the relevant conviction. (3) The extended period ends if the application under section 31 is finally determined before the end of that period.


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