Western Australian Current Acts Western Australian Current Acts (1) A court in which
proceedings under Division 2 are pending must stay those proceedings if
notified under section 205ZX in relation to the proceedings.
(2) A court may,
before staying proceedings under subsection (1), invite or require the DPP to
make submissions relating to staying the proceedings.
(3) A court must, on
application of the DPP, stay proceedings under Division 2 if the property of
de facto partners, or either of them, is subject to —
(a) a
criminal confiscation order; or
(b) an
application for a confiscation declaration.
(4) A court must
notify the DPP if the court stays proceedings under subsection (1) or (3).
(5) The DPP must
notify the Registry Manager if —
(a) a
criminal confiscation order ceases to be in force; or
(b) an
order is made under section 87 of the Criminal Property Confiscation Act 2000
for the release of property that has been confiscated; or
(c) an
application for a confiscation declaration is finally determined.
(6) For the purposes
of subsection (5), an application for a confiscation declaration is finally
determined when —
(a) the
application is withdrawn; or
(b) if
the application is successful, the resulting confiscation declaration is made;
or
(c) if
the application is unsuccessful, the time within which an appeal can be made
has expired and any appeals have been finally determined or otherwise disposed
of.
[Section 205ZY inserted: No. 35 of 2006 s. 45.]