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s 14

Dealing with rights and obligations of participant

In force

14 Dealing with rights and obligations of participant

(1)

If a participant has any outstanding rights or obligations or is subject to any restrictions, the Commissioner must take such steps as are reasonably practicable to ensure that—

(a)

those rights or obligations are dealt with according to law;

or

(b)

the person complies with those restrictions.

(2)

That action may include—

(a)

providing protection for the participant while the participant is attending court; or

(b)

notifying a party or possible party to legal proceedings that the

Commissioner will accept process issued by a court or tribunal on behalf of the participant, and nominating a member for the purpose.

(3)

If the Commissioner is satisfied that a participant who has been provided with a new identity under the Program is using the new identity to—

(a)

avoid obligations that were incurred before the new identity was established; or

(b)

avoid complying with restrictions that were imposed on the person before the new identity was established, the Commissioner must give notice in writing to the participant stating that he or she is so satisfied.

(4)

The notice must also state that, unless the participant satisfies the Commissioner that the obligations will be dealt with according to law or the restrictions will be complied with, the Commissioner will take such action as he or she considers reasonably necessary to ensure that they are dealt with according to law or complied with.

(5)

That action may include informing a person who is seeking to enforce rights against the participant of the details of any property (whether real or personal) owned by the participant under his or her former identity.

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