122Service of wealth-restraining orders

122 Service of wealth-restraining orders

[Section 122 Inserted by No. 60 of 2013, s. 12, Applied:01 Mar 2014]

(1)  As soon as practicable after a wealth-restraining order is made, the DPP must arrange for a copy of the wealth-restraining order and a notice that complies with subsection (2) to be served personally on each of the following persons:

(a) the person named in the wealth-restraining order;

(b) if, under the authority of the wealth-restraining order, property is, or has been, taken from a person or is in the custody of a person, that person;

(c) any person known to the DPP at the time the wealth-restraining order was made who has, may have or claims to have an interest in property affected by the wealth-restraining order.

(2)  The notice referred to in subsection (1) must –

(a) summarise the effect of the wealth-restraining order, including the period for which it applies; and

(b) advise the person on whom the wealth-restraining order and the notice are served –

(i) that the property affected by the wealth-restraining order may be forfeited under this Part; and

(ii) that, within 28 days after being served with the copy of the wealth-restraining order, the person may file in the Supreme Court an objection to the restraint of the property; and

(iii) that the person is required to make and lodge a statutory declaration in accordance with section 123 .

(3)  If, as a result of a statutory declaration made in accordance with section 123 , the DPP becomes aware of another person who has, may have or claims to have an interest in the property affected by the wealth-restraining order, the DPP must arrange for personal service of a copy of the wealth-restraining order and notice, in accordance with subsection (2) , on that other person as soon as practicable.

(4)  Subsections (1) and do not prevent the DPP from serving, at any time, a copy of the wealth-restraining order and a notice on any other person of whom the DPP becomes aware who has, may have or claims to have an interest in the property.