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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 7.32
Proceedings under the Confiscation of Proceeds of Crime Act 1989
7.32 Proceedings under the Confiscation of Proceeds of Crime Act 1989
(1) Without limiting rule 7.1(1), an appropriate officer within the meaning of
the Confiscation of Proceeds of Crime Act 1989 may commence and carry on
proceedings in the Local Court by a police prosecutor in relation to an
application under that Act-- (a) for a pecuniary penalty order, forfeiture
order or drug proceeds order under that Act, or
(b) for confirmation of a
freezing notice.
(2) Once proceedings of the kind referred to in subrule
(1)(a) or (b) (
"the original proceedings" ) have been commenced under the
Confiscation of Proceeds of Crime Act 1989 in relation to any person, whether
in the Local Court or elsewhere, any further proceedings under that Act in
relation to the same person (whether or not they form part of, or relate to,
the original proceedings), are to be commenced by notice of motion filed in
the original proceedings.
Note--: Pursuant to rule 6.4,
the original proceedings must be commenced by summons.
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