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COMMONWEALTHAct
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s 90M

Notification of proceeds of crime orders etc

In force
Volume 2s 90AA-Endnotes
Part VIIIAFinancial agreements

90M Notification of proceeds of crime orders etc

(1)

If:

(a)

a person makes an application for an order, under this Part, with respect to:

(i)

the property of the parties to a marriage or either of them; or

(ii)

the maintenance of a party to a marriage; and

(b)

the person knows that the property of the parties to the marriage or either of them is covered by:

(i)

a proceeds of crime order; or

(ii)

a forfeiture application;

the person must:

(c)

disclose in the application the proceeds of crime order or forfeiture application; and

(d)

give to the court a sealed copy of that order or application.

(2)

A person who does not comply with subsection (1) commits an offence punishable, on conviction, by a fine not exceeding 50 penalty units.

(3)

If:

(a)

a person is a party to property settlement or spousal maintenance proceedings under this Part; and

(b)

the person is notified by the proceeds of crime authority that the property of the parties to the marriage or either of them is covered by:

(i)

a proceeds of crime order; or

(iii)

a forfeiture application;

the person must:

(c)

notify the Registry Manager in writing of the proceeds of crime order or forfeiture application; and

(d)

give the Registry Manager:

(i)

a copy of the notification referred to in paragraph (b) (if the notification is in writing); and

(ii)

a copy of the proceeds of crime order or forfeiture application (if the notification is accompanied by a copy of the order or application).

(4)

A person who does not comply with subsection (3) commits an offence punishable, on conviction, by a fine not exceeding 50 penalty units.

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