Section 12(1)(a) of the Criminal Assets Recovery Act 1990 (NSW) does not permit reconsideration of the reasonable suspicion that grounded a restraining order under s 10. A defendant who wishes to challenge whether property is illegally acquired must apply for an exclusion order under s 25, with its attendant procedural requirements including notice to the Commission and liability to examination. However, s 12(1)(a) may remain available for variations on grounds unrelated to s 25(2), such as formal deficiency in the description of interests in property.
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