Northern Territory Consolidated Acts

CRIMINAL PROPERTY FORFEITURE ACT - SECT 52

(1) If a restraining order has been made under section 43(1) or (2)(a) in relation to suspected crime-used or crime-derived property, the order ceases to have effect if within the period set (or extended) by the court under section 51 an application has not been made -

(a) if the property is crime-derived - either under section 73 for a criminal benefits declaration or under Part 7 for forfeiture of the property; or

(b) if the property is crime-used - under Part 7 for forfeiture of the property.

(2) If a restraining order has been made under section 44(1)(a) in relation to property of a person who was to be charged with an offence, the order ceases to have effect if within 21 days after the date of the order the person has not been charged with the offence indicated in the application for the order or an alternative offence.

(3) If a restraining order has been issued under section 44(1)(a) in relation to property of a person who has been charged, or who was to be charged and a charge has been laid within 21 days after the date of the order, the order ceases to have effect -

(a) if the charge is finally determined but the person is not declared under section 36A of the Misuse of Drugs Act to be a drug trafficker; or

(b) if the charge is disposed of without being determined.

(4) If a restraining order has been made under section 43 on the basis that an application had been made or was to be made for another order, the restraining order ceases to have effect if -

(a) within 21 days after the making of the restraining order an application has not been made for the other order;

(b) the application for the other order is withdrawn; or

(c) the application for the other order is finally determined but the court that heard the application does not make the other order.

(5) If a restraining order has been made under section 44(1)(b) on the basis that an application was to be made for a production order or a declaration, the restraining order ceases to have effect if -

(a) within 21 days after the making of the restraining order an application has not been made for the production order or the declaration;

(b) the application for the production order or declaration is withdrawn;

(c) the application for the production order or declaration is finally determined but the court that heard the application does not make the production order or declaration; or

(d) if a declaration is made - the respondent's liability to pay to the Territory the amount ordered by the court that made the declaration (including any costs awarded against the respondent) is satisfied, whether or not all or any of the property subject to the restraining order was transferred to the Territory to satisfy the liability.

(6) A restraining order made under section 43 or 44 ceases to have effect if the order is set aside under section 50 or Part 5.

(7) Despite anything in this section, a restraining order that was issued under both sections 43 and 44 or on more than one ground under either section -

(a) only ceases to have effect if set aside on all grounds; and

(b) if set aside on only some of the grounds - continues in effect on each remaining ground.

(8) A restraining order ceases to have effect in relation to property if the property is forfeited to the Territory under Part 7, Division 3.