PROCEEDS OF CRIME ACT 1987 - SECT 30A Extension of waiting period
PROCEEDS OF CRIME ACT 1987 - SECT 30A
Extension of waiting period(a) a person (the defendant ) is convicted of a serious offence; and
(b) a restraining order is or was granted in reliance on:
(i) the defendant's conviction of the offence; or
(ii) the charging or proposed charging of the defendant with the offence or a related offence; and
(c) a person makes a section 48 application in relation to the restraining order;
the person mentioned in paragraph ( c) may apply to the court for an order extending the waiting period in relation to the defendant's conviction.
(2) Subsection ( 1) does not apply if the person is taken to have been convicted of the serious offence because of paragraph 5(1)(d).
(3) An application under this section must be made before the end of the waiting period concerned.
(4) Subject to subsection ( 5), the court may, on an application made under this section, extend the waiting period for such further period as the court specifies. The further period must not, however, be longer than 9 months from the end of the waiting period concerned.
(5) The court must not grant an application under this section unless satisfied that the applicant made the section 48 application without undue delay, and has since diligently prosecuted that application.
(6) If the court extends a waiting period, the extended period ends:
(a) when the period specified by the court ends; or
(b) when the section 48 application is finally determined;
(a) the court makes an order under this section; and
(b) the section 48 application is finally determined within the period of 6 months starting on the day of the defendant's conviction;
the order under this section stops being in force on the day the section 48 application is finally determined.
" section 48 application" means an application under subsection 48(2), (3) or (4).
"waiting period" , in relation to a person's conviction of an offence,
means the period of 6 months mentioned in subparagraph 30(1)(d)(i).