Page 2162 - Week 07 - Thursday, 20 August 2020

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(b) the applicant was not a party to the relevant serious criminal activity or any related serious criminal activity; and

(c) the interest is not subject to the effective control of the relevant person; and

Note  For the meaning of effective control, see s 14.

(d) the interest is not tainted property in relation to a serious offence; and

(e) if the interest was acquired completely or partly, or directly or indirectly, from the relevant person—the interest was acquired honestly and for sufficient consideration and the applicant took reasonable care to establish that the interest may be lawfully acquired by the applicant; and

(f) the property does not have evidentiary value in any criminal proceeding.

(4) An exclusion order must state the property to which it applies.

Schedule 3

Planning Legislation Amendment Bill 2020

Amendments moved by the Minister for Planning and Land Management

1

Clause 2

Page 2, line 4—

omit clause 2, substitute

2  Commencement

(1) This Act (other than the following provisions) commences on the day after its notification day:

• section 4

• sections 14A and 14B

• section 23

• part 4.

Note  The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

(2) Section 4 commences 2 years after this Act’s notification day.

(3) Sections 14A, 14B and 23 commence on 1 July 2021.

(4) Part 4 commences 6 months after this Act’s notification day.

2

Clause 13

Page 7, line 3—

[oppose the clause]

3

Clause 14

Page 7, line 15—

[oppose the clause]

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