Criminal Property Forfeiture Act 2002

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:

if property that is subject to the order was taken from a person or is in the custody of a person – that person;

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.

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.

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.

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.

The notice mentioned in subsection (1) is to:

summarise the effect of the order, including the period for which it applies; and

advise the person on whom the order and the notice are served:

that the property described in the order may be forfeited under this Act; and

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

of the person's obligation to make and lodge a statutory declaration in accordance with section 48.

The applicant in relation to the restraining order must ensure that:

an affidavit of service is endorsed on a copy of each copy of the restraining order that is served on a person; and

each endorsed copy is filed in the court that made the order.