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Criminal Property Forfeiture Act 2002
47Service of restraining order
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47 Service of restraining order
(1) As soon as practicable after a restraining order is made, the
applicant in relation to the order must arrange for a copy of the
order and a notice that complies with subsection (5) to be served
personally on each of the following persons:
(a) if property that is subject to the order was taken from a person
or is in the custody of a person – that person;
(b) any person known to the applicant at the time the order was
made who has, may have or claims to have an interest in the
property subject to the order.
(2) If property subject to the order is registrable under an Act other than
the Land Title Act 2000, the applicant must notify the appropriate
registrar of the issue of the notice.
(3) If, as a result of a statutory declaration made in accordance with
section 48 by a person who was served under subsection (1) with a
copy of the restraining order, the applicant becomes aware of
another person who has, may have or claims to have an interest in
the property subject to the order, the applicant must arrange for
personal service of a copy of the order on the other person as soon
as practicable.
(4) Subsections (1) and (3) do not prevent the applicant from serving a
copy of the restraining order and a notice at any time on any other
person of whom the applicant becomes aware who has, may have
or claims to have an interest in the property.
(5) The notice mentioned in subsection (1) is to:
(a) summarise the effect of the order, including the period for
which it applies; and
(b) advise the person on whom the order and the notice are
served:
(i) that the property described in the order may be forfeited
under this Act; and
Criminal Property Forfeiture Act 2002 34
(ii) that he or she can, within 28 days after being served
with the copy of the order, file in the court that made the
order an objection to the restraint of the property; and
(iii) of the person's obligation to make and lodge a statutory
declaration in accordance with section 48.
(6) The applicant in relation to the restraining order must ensure that:
(a) an affidavit of service is endorsed on a copy of each copy of
the restraining order that is served on a person; and
(b) each endorsed copy is filed in the court that made the order.