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CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 25 Re-hearings

CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 25

Division 4 - Re-hearings Re-hearings

(1)  If –
(a) a forfeiture order or pecuniary penalty order has been made in respect of a person charged with a serious offence but before the charge was finally determined the person absconded; and
(b) after the making of the order the person surrenders to a police officer –
the person may apply to the court that made the order to have the order set aside.
(2)  An applicant under subsection (1) is to give notice of the application to the Attorney-General who may appear to oppose the grant of the application.
(3)  On an application under subsection (1) the court may set aside the order subject to such terms and conditions with respect to costs or otherwise as it thinks fit.
(4)  If the court sets aside an order it is to re-hear the application for the order and may confirm, revoke or vary the order.
(5)  If an order is revoked under subsection (4) , the revocation does not prevent the making of another order in respect of the person under this Part.