CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 46
CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 46
46—Cessation of restraining orders
(1) A restraining
order that relates to one or more serious offences ceases to be in force
28 days after—
(a) all
charges that relate to the restraining order are withdrawn; or
(b) the
suspect is acquitted of all serious offences with which the suspect was
charged; or
(c) the
convictions for the serious offences of which the suspect was convicted are
quashed,
unless—
(d)
there is a confiscation order that relates to the serious offences; or
(e)
there is an application for a confiscation order that relates to the
serious offences before the court; or
(f)
there is an application under—
(i)
section 64; or
(ii)
section 83; or
(iii)
section 125,
for confirmation of a forfeiture, or a confiscation order, that relates to the
serious offences; or
(g) the
suspect is charged with a related offence.
(2) A
restraining order relating to property ceases to be in force if, not more than
28 days after the order was made—
(a) the
suspect has not been convicted of, or charged with, the serious offence, or at
least one serious offence, to which the restraining order relates; and
(b)
there is no confiscation order or application for a confiscation order that
relates to the property.
(3) A
restraining order ceases to be in force in respect of property covered by the
restraining order if—
(a) one
of the following occurs:
(i)
the court refuses an application for a forfeiture order
that would have covered the property and—
(A) the time for an appeal against the
refusal has expired without an appeal being lodged; or
(B) an appeal against the refusal has
lapsed; or
(C) an appeal against the refusal has been
dismissed and finally disposed of;
(ii)
the court excludes the property from a forfeiture order;
(iii)
a forfeiture order that covers the property is discharged
or ceases to have effect;
(iv)
the court excludes the property under section 76
from forfeiture under Part 4 Division 2; and
(b) no
application is yet to be determined for—
(i)
another confiscation order relating to a serious offence
to which the restraining order relates; or
(ii)
another confiscation order relating to a related offence;
and
(c) no
other confiscation order relating to an offence referred to in
paragraph (b) is in force.
(4) A restraining
order ceases to be in force to the extent that property that it covers vests
absolutely in the Crown under this or any other Act.
(5) A restraining
order that relates to one or more serious offences ceases to be in force in
respect of property covered by the restraining order if—
(a) a
pecuniary penalty order or a literary proceeds order relates to the offence or
offences; and
(b) one
or more of the following occurs:
(i)
the pecuniary penalty order or the
literary proceeds order is satisfied;
(ii)
the property is sold or disposed of to satisfy the
pecuniary penalty order or literary proceeds order;
(iii)
the pecuniary penalty order or the
literary proceeds order is discharged or ceases to have effect.
(6) Despite
subsection (1), if—
(a) a
restraining order covers property of a person who is not a suspect; and
(b) the
property is an instrument of, but is not proceeds of, a serious offence to
which the order relates; and
(c) the
property is not subject to the effective control of another person who is a
suspect in relation to the order,
the restraining order ceases to be in force in respect of that property if the
suspect has not been charged with the serious offence or a related offence
within 28 days after the restraining order is made.
Subdivision 1—Forfeiture orders