Possible Defences - Criminal Proceeds Confiscation Act-Application To Exclude Property By Respondent

In order for you to be successful in an application at Court, you must show the following:

That:

(1) Your are the prescribed respondent in the Restraining Order (i.e. the order was made against you); AND

(2) You made an application to exclude particular property restrained by that Restraining Order; AND

(3) The application was made prior the State applying for a forfeiture order; AND

(4) The State is a party to that application; AND

(5) You gave notice to the State and other interested persons (i.e. others with property restrained under the order) of:

(a) the application; AND

(b) the grounds for that application; AND

(6) A ground to exclude that property exists.

Note that the State may oppose your application.  If so, the State is obligation to provide you with notice of such, detailing the grounds of its opposition. However, it is not required to give any notice until it has had reasonable opportunity to examine you under an examination order.

Grounds for Application - Criminal Proceeds Confiscations (Prior to Conviction) Law - Restraining Order over Property - Application to Exclude Property by Respondent - Lawyer / Solicitor Article

In order to be successful, you will need to show a legitimate basis for your application known as a ground for the application. Possible grounds for this application include:

1. That the property came from legitimate sources and is not likely to be required to satisfy any later proceeds assessment order.

2. The property was acquired prior to or after the relevant 6 year period and is not likely to be required to satisfy any later proceeds assessment order..

3. The order is not in the public interest.