CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 47 When restraining order ends—ordinary offences
CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 47
When restraining order ends—ordinary offences(1) This section applies to an offender over whose property a restraining order has been made in relation to an ordinary offence.
(2) However, this section does not apply if the restraining order was also given in relation to a related serious offence, or is varied to apply to a related serious offence.
(3) The restraining order ends for the circumstances stated in table 47, column 2 at the time indicated for those circumstances in column 3.
Note 1 The restraining order may continue to operate in relation to related ordinary offences (see s (6)).
Note 2 For the ending of forfeiture and penalty orders for ordinary offences, see—
• s 56 (When conviction forfeiture order ends)
• s 98 (When penalty order ends).
(4) A reference in table 47 to a person being convicted of the offence mentioned in subsection (1) includes a reference to the person being convicted of a related offence instead of the offence mentioned in subsection (1).
(5) For table 47, items 4 and 6, if more than 1 forfeiture or penalty application is made within the period stated in the item, column 2, the restraining order ends at the latest time that it would end if any of those applications were the only forfeiture or penalty application made.
(6) If, within the period stated in the restraining order under section 33 (2) (d) (Restraining order—contents), an indictment is presented against the offender for another ordinary offence or offences related to the offence mentioned in subsection (1) (the primary offence ), the restraining order ends at the later of the following times:
(a) the time that it would end if there were no related offences;
(b) the latest time that it would end if—
(i) the related offence or any of the related offences, taken by itself, were the primary offence; and
(ii) there were no other offences in relation to which the restraining order had been made.
Note Indictment is defined in the Legislation Act
, dict, pt 1 as including an information. (See also that Act, dict, pt 1, def present .)
(7) The relevant court may, on the application of the DPP while the order is in force, order that the restraining order is to end earlier than otherwise provided for by this section.
Table 47 Ending of restraining orders—ordinary offences
|
column 1 item |
column 2 circumstances |
column 3 when restraining order ends |
|---|---|---|
| 1 | an indictment is not presented against the offender for the offence before the end of the period stated in the restraining order under section 33 (2) (d) | end of the period stated in the restraining order under that paragraph |
| 2 | an indictment is presented against the offender for the offence before the end of the period stated in the restraining order under section 33 (2) (d), but the offender is cleared of the offence | |
| 3 | the offender is convicted of the offence, the restraining order is made before the conviction, and no forfeiture or penalty application is made within 6 months after the day of the conviction | end of the 6 month period |
| 4 | the offender is convicted of the offence, the restraining order is made before the conviction, and a forfeiture or penalty application is made within 6 months after the day of the conviction | at or after the finalisation of the proceeding in relation to the application, as follows: (a) if no forfeiture order or penalty order is in force at the finalisation of the proceeding—at that time; (b) if a forfeiture order or penalty order is in force at that time—when the forfeiture order or penalty order ends |
| 5 | the offender is convicted of the offence, the restraining order is made on the same day as, or after, the conviction, and no forfeiture or penalty application is made within 6 months after the day the restraining order was made | end of the 6 month period |
| 6 | the offender is convicted of the offence, the restraining order is made on the same day as, or after, the conviction, and a forfeiture or penalty application is made within 6 months after the day the restraining order was made | at or after the finalisation of the proceeding in relation to the application, as follows: (a) if no forfeiture order or penalty order is in force at the time of the finalisation of the proceeding—at that time; (b) if a forfeiture order or penalty order is in force at that time—when the forfeiture order or penalty order ends |