Criminal Assets Confiscation Act 2005

The examination of a person subject to an examination order must be conducted—

at the time and place specified in the examination notice; or

at such other time and place as the DPP decides on the request of—

the person being examined, or the legal practitioner representing the person; or

a person who is entitled to be present during an examination because of a direction under section 137(2).

If a person who is required by an examination notice to attend an examination refuses or fails to attend the examination at the time and place required in accordance with subsection (1), the DPP may apply to the Magistrates Court for the issue of a warrant to have the person arrested and brought before the DPP for the purpose of conducting the examination.

An examination of a person subject to an examination order may be conducted by video link or telephone in a manner determined by the

If, after the examination notice is given—

an application has been made under section 43 for the restraining order to which the notice relates to be revoked;

the court to which the application is made orders that examinations are not to proceed, the

give the person a written notice withdrawing the examination notice; and

if the examination of the person has started but not finished—stop the examination.

Nothing in this section prevents the DPP giving the person a further examination notice if the application for revocation of the restraining order is unsuccessful.

The fact that criminal proceedings have been commenced (whether or not under this Act) does not prevent the examination of a person.