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CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 21K
Relief from hardship-dependants
21K Relief from hardship-dependants
(1) A dependant of a person who will forfeit an interest in property under
this Division may, within 60 days after the issue of the final notice in
relation to the property, apply to the Supreme Court for an order under this
section.
(2) The Supreme Court may grant leave to make the application up to
6 months after the issue of the final notice.
(3) If the Supreme Court is
satisfied the forfeiture of the property will cause hardship to the dependant,
the Court- (a) may order that the dependant is entitled to be paid a specified
amount out of the proceeds of sale of the interest, being an amount the Court
thinks necessary to prevent hardship to the dependant, and
(b) if the
dependant is under 18 years of age-may make ancillary orders for the purpose
of ensuring the proper application of the amount.
(4) The Court must not make
an order under this section in favour of the dependant unless the Court is
satisfied the dependant had no knowledge of serious crime related activities
or illegal activities that formed the basis of the forfeiture.
(5) Subsection
(4) does not apply if the dependant is under 18 years of age.
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