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Proceeds of Crime – Revoking an Ancillary Order

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Revoking an Ancillary Order

If a person is affected by an ancillary order[1] and the order was heard without notice,[2] the person can apply to revoke the order within 14 days after the person was notified of the ancillary order.[3]

While the application is on foot, the ancillary order is stayed until the court determines the application.[4] The court can revoke the ancillary order on application if it considers it appropriate to do so[5] and in doing so, the court may have regard to any matter it considers appropriate in determining the application.[6]


[1] S 39B(1)(a) Proceeds of Crime Act 2002 (Cth).

[2] S 39B(1)(b) Proceeds of Crime Act 2002 (Cth).

[3] S 39B(2) Proceeds of Crime Act 2002 (Cth).

[4] S 39B(4) Proceeds of Crime Act 2002 (Cth).

[5] S 39B(5) Proceeds of Crime Act 2002 (Cth).

[6] S 39B(6) Proceeds of Crime Act 2002 (Cth).


* Information contained in this article is of a general nature only and should not be relied upon as concise legal advice.
Please contact us for legal advice tailored to your situation. *


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About Brian Walker

B.Acc., GradDipLegPrac, Juris Dr Barrister & Accountant. Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

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