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PROCEEDS OF CRIME ACT 1987 - SECT 102 Legal assistance

PROCEEDS OF CRIME ACT 1987 - SECT 102

Legal assistance

  (1)   A person who brings, or appears at, or proposes to bring or appear at, proceedings under this Act in order:

  (a)   to prevent a forfeiture order or restraining order from being made against property of the person; or

  (b)   to have property of the person excluded from a forfeiture order or restraining order;

may apply to the Attorney - General for the provision of assistance under this section.

  (2)   Where a person applies for assistance under this section, the Attorney - General may, if satisfied that:

  (a)   it would involve hardship to the applicant to refuse the application; and

  (b)   it is reasonable, in all the circumstances, that the application should be granted;

authorise the provision by the Commonwealth to the applicant of such legal or financial assistance in relation to the proceedings as the Attorney - General determines.

  (3)   An authorisation under subsection   ( 2) may be made either unconditionally or subject to such conditions as the Attorney - General determines.