Document ID: chunk:federal_register_of_legislation:C2012C00859:clause:2_315b:p1
Version: federal_register_of_legislation:C2012C00859
Segment Type: clause
Provision Reference: sch 2 cl 315B (pt 1/3)
Character Range: 9388–12064

315B  Transfer of responsibility for principal orders and applications

Transfer
 (1) A *proceeds of crime authority (the transferor authority) may, with the consent of the other proceeds of crime authority (the transferee authority), transfer to the other authority responsibility for:
 (a) an application for a *principal order (if the order has not been made); or
 (b) a principal order.
Note 1: The proceeds of crime authority is the Commissioner of the Australian Federal Police, or the DPP (see the definition of proceeds of crime authority in section 338). Either authority may start and conduct proceedings under this Act.
Note 2: The proceeds of crime authority that applies for a principal order under this Act, or to which responsibility is transferred under this section, is referred to in this Act as the responsible authority (see the definition in section 338).
Note 3: The principal orders under this Act are restraining orders, forfeiture orders, pecuniary penalty orders, literary proceeds orders and unexplained wealth orders (see the definitions of principal order and the individual orders in section 338).
 (2) The transferee authority must give a written notice of transfer of responsibility for an application for a *principal order, or for a principal order, to:
 (a) in the case of a transfer of responsibility for an application for a principal order:
 (i) the court before which proceedings on the application are being heard (or are to be heard); and
 (ii) each party (if any) to those proceedings; and
 (iii) any court in which proceedings related to the application are being heard, or are to be heard, if the transferee authority considers it appropriate; and
 (iv) any person to whom notice of the application has been given; and
 (v) the Family Court of Australia, if an application has been made to that court by a *proceeds of crime authority for a stay of proceedings because of the application for the principal order, or that court has given notice to a proceeds of crime authority of a stay having been granted; or
 (b) in the case of a transfer of responsibility for a principal order:
 (i) the court that made the order; and
 (ii) each party (if any) to the proceedings in that court on the application for the order; and
 (iii) any court in which proceedings related to the order are being heard, or are to be heard, if the transferee authority considers it appropriate; and
 (iv) any person to whom notice of the order, or of the application for the order, has been given; and
 (v) the Family Court of Australia, if an application has been made to that court by a proceeds of crime authority for a stay of proceedings because of the