Proceeds of Crime – Revoking an Ancillary Order
0 CommentsRevoking an Ancillary Order
If a person is affected by an ancillary order[1] and the order was heard without notice,[2] the person can apply to revoke the order within 14 days after the person was notified of the ancillary order.[3]
While the application is on foot, the ancillary order is stayed until the court determines the application.[4] The court can revoke the ancillary order on application if it considers it appropriate to do so[5] and in doing so, the court may have regard to any matter it considers appropriate in determining the application.[6]
[1] S 39B(1)(a) Proceeds of Crime Act 2002 (Cth).
[2] S 39B(1)(b) Proceeds of Crime Act 2002 (Cth).
[3] S 39B(2) Proceeds of Crime Act 2002 (Cth).
[4] S 39B(4) Proceeds of Crime Act 2002 (Cth).
[5] S 39B(5) Proceeds of Crime Act 2002 (Cth).
[6] S 39B(6) Proceeds of Crime Act 2002 (Cth).
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