Document ID: chunk:federal_register_of_legislation:C2012C00859:clause:2_315b:p2
Version: federal_register_of_legislation:C2012C00859
Segment Type: clause
Provision Reference: sch 2 cl 315B (pt 2/3)
Character Range: 11852–14522

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 order or the application for the order, or that court has given notice to a proceeds of crime authority of a stay having been granted.
Note: Notice is not required to be given in the circumstances mentioned in subsection (4).
 (3) It is sufficient compliance with a requirement under subsection (2) to give a person (other than a court) a notice of transfer if the transferee authority takes reasonable steps to give the notice to the person.
 (4) The transferee authority for an application for a *restraining order or a *forfeiture order is not required to give any notice of the transfer (other than to the court before which proceedings on the application are being heard):
 (a) in the case of an application for a restraining order:
 (i) if the court has been requested under subsection 26(4) to consider the application without notice having been given to the person; or
 (ii) during a period ordered by the court under subsection 33(3) (delay in giving notice to protect integrity of an investigation or prosecution); or
 (b) in the case of an application for a forfeiture order—if the court has, under section 63 (person has absconded), dispensed with the requirement to give notice to the person under subsections 61(1) and 62(3).

Day of effect
 (5) A transfer takes effect on the day the following court receives the notice of transfer given under subsection (2):
 (a) in the case of a transfer of responsibility for an application for a *principal order—the court before which proceedings on the application are being heard (or are to be heard);
 (b) in the case of a transfer of responsibility for a principal order—the court that made the order.

Effects of transfer—proceedings etc.
 (6) On and after the day of effect of a transfer of responsibility for an application for a *principal order, or a principal order:
 (a) the transferee authority replaces the transferor authority as a party to any applications or proceedings (related applications or proceedings) under this or any other Act in relation to, or arising out of, the application or order, or to which the application or order is relevant; and
 (b) the transferee authority may (subject to this Act and any other Act) initiate, conduct or respond to any related applications or proceedings; and
 (c) the transferee authority is responsible for any functions, powers and duties under this Act, or any other Act, to be performed or exercised by a *responsible authority in relation