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Criminal Proceeds Confiscation Act 2002
sec.77Application for proceeds assessment order
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### sec.77 Application for proceeds assessment order
The State may apply to the Supreme Court for an order ( proceeds assessment order ) requiring a person to pay to the State the value of the proceeds derived from the person’s illegal activity that took place within 6 years before the day the application for the order is made.
The State must give notice of the application to—
the person against whom the order is sought; and
anyone else who the commission, or if the application is made for the State by a police officer, the commissioner of the police service reasonably suspects may be affected by the order.
A person given notice under subsection (2) may appear at the hearing of the application.
The absence of a person required to be given notice of the application does not prevent the Supreme Court from making a proceeds assessment order.
The 6 years mentioned in subsection (1) includes periods before and after the commencement of this section.
s 77 amd 2013 No. 21 s 32
(sec.77-ssec.1) The State may apply to the Supreme Court for an order ( proceeds assessment order ) requiring a person to pay to the State the value of the proceeds derived from the person’s illegal activity that took place within 6 years before the day the application for the order is made.
(sec.77-ssec.2) The State must give notice of the application to— the person against whom the order is sought; and anyone else who the commission, or if the application is made for the State by a police officer, the commissioner of the police service reasonably suspects may be affected by the order.
(sec.77-ssec.3) A person given notice under subsection (2) may appear at the hearing of the application.
(sec.77-ssec.4) The absence of a person required to be given notice of the application does not prevent the Supreme Court from making a proceeds assessment order.
(sec.77-ssec.5) The 6 years mentioned in subsection (1) includes periods before and after the commencement of this section.
- (a) the person against whom the order is sought; and
- (b) anyone else who the commission, or if the application is made for the State by a police officer, the commissioner of the police service reasonably suspects may be affected by the order.