Commonwealth Consolidated Acts Commonwealth Consolidated Acts (1)
If, at the end of the period of 48 hours after the making of a
restraining order in reliance on the proposed charging of a person with an
offence, the person has not been charged with the offence or a related
indictable offence, the order ceases to be in force at the end of that period.
(2)
Subject to subsection (5), where:
(a) a restraining order is made in reliance on a person’s
conviction of an offence or the charging of a person with an offence; or
(b) a restraining order is made in reliance on the proposed charging of
a person with an offence and the person is, within the succeeding period of 48
hours, charged with the offence or a related indictable offence;
the
following provisions have effect:
(c) if, within the relevant period in relation to the restraining
order, the charge is withdrawn and the person is not charged with a related
indictable offence by the time the charge is withdrawn, the restraining order
ceases to be in force when the charge is withdrawn;
(d) if, within the relevant period in relation to the restraining
order, the person is acquitted of the charge and the person is not charged
with a related indictable offence by the time of the acquittal, the
restraining order ceases to be in force:
(i) in a case where the acquittal occurs after the commencement of the
Proceeds of Crime Act 2002 —at the end of the period of 28 days after
the day of the acquittal; or
(ii) otherwise—when the acquittal occurs;
Note:
After the commencement of the Proceeds
of Crime Act 2002 , an application can be made under that Act (but not
section 17) for a restraining order in relation to the offence, despite
the acquittal.
(e) if:
(i) a court makes a confiscation order that is a pecuniary penalty
order in reliance on the person’s conviction of the offence or a related
indictable offence;
(ii) the pecuniary penalty order is satisfied or otherwise ceases to be
in force; and
(iii) when the order is satisfied or otherwise ceases to be in force:
(A) no application for another confiscation order made in reliance on
the person’s conviction of the offence or a related indictable offence
is yet to be determined; and
(B) no other confiscation order made in reliance on the person’s
conviction of the offence or a related indictable offence is in force;
the restraining order ceases to be in force, upon the pecuniary penalty order
being satisfied or otherwise ceasing to be in force, to the extent that the
property to which the restraining order relates is the same as the property
that is sold or otherwise disposed of to satisfy the pecuniary penalty order
and pay the costs, charges, expenses and remuneration referred to in
subsection 49(6);
(f) if:
(i) a court refuses an application for a confiscation order in reliance
on the person’s conviction of the offence or a related indictable
offence; and
(ii) when the court refuses the application:
(A) no application for another confiscation order made in reliance on
the person’s conviction of the offence or a related indictable offence
is yet to be determined; and
(B) no other confiscation order made in reliance on the person’s
conviction of the offence or a related indictable offence is in force;
the restraining order ceases to be in force when the court refuses the
application;
(g) if some or all of the property subject to the restraining order is
forfeited under section 19 or 30, the restraining order, to the extent to
which it relates to that property, ceases to be in force when that property is
forfeited;
(h) if, within the relevant period in relation to the restraining
order, an application is made to a court under subsection (3) for an
extension of the period of operation of the restraining order and the court
refuses the application after the end of the relevant period, the restraining
order ceases to be in force when the court refuses the application;
(j) subject to a preceding paragraph, if, within the relevant period in
relation to the restraining order, an application is made to a court under
subsection (3) for an extension of the period of operation of the
restraining order and that application is granted, the restraining order
ceases to be in force at such time, or on the occurrence of such event, as is
specified in an order of the court made under that subsection; or
(k) in any other case, the restraining order ceases to be in force at
the end of the relevant period in relation to the restraining order.
(3)
The DPP may, before the end of the relevant period in relation to a
restraining order against property made in reliance on a person’s
conviction of an offence or the charging, or proposed charging, of a person
with an offence, apply to the court that made the restraining order for an
extension of the period of operation of the restraining order and, if the
court is satisfied:
(a) that a forfeiture order may still be made in respect of the
property or part of the property;
(aa) that the property or part of the property may still become
forfeited under subsection 30(1); or
(b) where the property is:
(i) property of the person; or
(ii) property of another person:
(A) against which the restraining order was made by virtue of
subparagraph 44(7)(a)(ii) or (7A)(a)(ii); or
(B) in relation to which an order under subsection 28(3) has been, or
is likely to be, made;
that a pecuniary penalty order may still be made against the person;
the
court may:
(c) by order, extend the period of operation of the restraining order;
and
(d) make such other order or orders as it considers appropriate in
relation to the operation of the restraining order.
(4)
The DPP shall give a person written notice of an application under
subsection (3) in relation to a restraining order in respect of property
of the person.
(5)
Where:
(a) a restraining order has been made in reliance on a person’s
conviction of an offence or the charging, or proposed charging, of a person
with an offence; and
(b) in reliance on the person’s conviction of the offence or a
related indictable offence, a court has made a forfeiture order in respect of
part or all of the property and has also made a pecuniary penalty order
against the person;
the court may make such further orders, and give such
directions, as it considers appropriate in relation to the operation of the
restraining order, the forfeiture order and the pecuniary penalty order, and
this Act has effect, in relation to those orders and to the property subject
to those orders, subject to any further orders, or any directions, so given.
(6)
A reference in this section to the relevant period in relation to a
restraining order is a reference to the period beginning on the day when the
order was made and ending:
(a) if an order has, or orders have, been made under
subsection (3) extending the restraining order’s period of
operation—at such time, or on the occurrence of such event, as is
specified in the order, or the last of the orders, so made;
(b) if paragraph (a) does not apply but an order has, or orders
have, been made by virtue of paragraph 48(1)(a), (b) or (e) in relation to the
restraining order—at the end of 6 months after the day when the order,
or the last of the orders, was so made; or
(c) in any other case—at the end of 6 months after the day when
the restraining order was made.
(7)
In this section:
"extend" includes further extend.