CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 45
Notice of restraining order and other orders
CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 45
Notice of restraining order and other orders
45 Notice of restraining order and other orders
(1) This section applies if the Supreme Court—
(a) makes a restraining
order; or
(b) makes another order under division 3 in relation to a
restraining order.
(2) As soon as practicable after the order is made, the
commission must give each person whose property is restrained under the order
and anyone else who is affected by the order a copy of the order.
(2A)
However, under subsection (2) the commission is not required to give a person
whose property is restrained under a restraining order a copy of, or notice
of, an investigation order made under section 38A(1) (a) , (b) or (c)
directed to another person.
(3) If the order directs the public trustee to
take control of property, the commission must give the public trustee a copy
of the order.
(4) However, if the application was made for the State by the
commissioner of the police service, the commissioner of the police service—
(a) must give the commission a copy of the order; and
(b) must give the
notice required to be given under subsection (2) or (3) .
(5) A restraining
order, or another order under division 3 , does not stop having effect only
because a person required to be served under subsection (2) has not been
served with a copy of the order.
