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LAW AND JUSTICE LEGISLATION AMENDMENT (SERIOUS DRUG OFFENCES AND OTHER MEASURES) ACT 2005 NO. 129, 2005 - SCHEDULE 3

- Proceeds of crime orders

Proceeds of Crime Act 2002


1
After paragraph 17(2)(a)

Insert:

(aa) all or specified * bankruptcy property of the suspect;


2
After paragraph 17(2)(b)

Insert:

(ba) all bankruptcy property of the suspect other than specified bankruptcy property;


3
Paragraph 17(3)(b)

After "other than the suspect", insert "but not to restrain * bankruptcy property of the suspect".


4
After paragraph 18(2)(a)

Insert:

(aa) all or specified * bankruptcy property of the suspect;


5
After paragraph 18(2)(b)

Insert:

(ba) all bankruptcy property of the suspect other than specified bankruptcy property;


6
Paragraph 18(3)(b)

After "other than the suspect", insert "but not to restrain * bankruptcy property of the suspect".


7
After paragraph 20(2)(a)

Insert:

(aa) all or specified * bankruptcy property of the suspect;


8
After paragraph 20(2)(b)

Insert:

(ba) all bankruptcy property of the suspect other than specified bankruptcy property;


9
Paragraph 20(3)(d)

After "other than the suspect", insert "but not to restrain * bankruptcy property of the suspect".


10
Section 338

Insert:

"bankruptcy property" of a person means property that:

(a) is vested in another person under subsection 58(1) of the Bankruptcy Act 1966 but immediately before being so vested was:
(i) property of the person; or
(ii) subject to the * effective control of the person; or
(b) is vested in another person under subsection 249(1) of the Bankruptcy Act 1966 but immediately before being so vested was:
(i) property of the person's estate; or
(ii) subject to the effective control of the executors of the person's estate.


11
Application

The amendments made by this Part apply in relation to bankruptcy property whether vested in a person under the Bankruptcy Act 1966 before, on or after the commencement of this item.


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