NTIn ForceAct
Criminal Property Forfeiture Act 2002
65Setting aside restraining order – other property
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65 Setting aside restraining order – other property
(1) The court that made a restraining order under section 44(1)(a) may
set the order aside if the court finds that it is more likely than not
that the person who is or will be charged with the offence does not
own or effectively control the property, and has not at any time
given it away.
(2) The court that made a restraining order under section 44(1)(b)
or (c) may set the order aside if the court finds that it is more likely
than not that the person who is or will be the respondent to the
unexplained wealth declaration, criminal benefits declaration or
crime-used property substitution declaration does not own or
effectively control the property, and has not at any time given it
away.