Commonwealth Consolidated Acts

PROCEEDS OF CRIME ACT 2002 - SECT 45

Effect on restraining orders of withdrawal of charges, acquittals etc.

             (1)  A * restraining order that relates to one or more offences ceases to be in force 28 days after one of the following occurs:

                     (a)  the charge, or all of the charges, that relate to the restraining order are withdrawn;

                     (b)  the * suspect is acquitted of the offence, or all of the offences, with which he or she was charged;

                     (c)  the suspect's conviction for the offence, or all of the offences, of which he or she was convicted are * quashed;

unless:

                     (d)  there is a * confiscation order that relates to the offence; or

                     (e)  there is an application for such a confiscation order before the court; or

                      (f)  there is an application under:

                              (i)  Division 6 of Part 2-2; or

                             (ii)  Division 4 of Part 2-3; or

                            (iii)  Division 5 of Part 2-4 or 2-5;

                            for confirmation of a forfeiture, or a confiscation order, that relates to the offence; or

                     (g)  the suspect is charged with a * related offence; or

                     (h)  a new trial is ordered in relation to the offence.

Restraining orders if there is no conviction etc.

             (2)  A * restraining order ceases to be in force if, within 28 days after the order was made:

                     (a)  the * suspect has not been convicted of, or charged with, the offence, or at least one offence, to which the restraining order relates; and

                     (b)  there is no * confiscation order or application for a confiscation order that relates to the offence .

Restraining orders and forfeiture orders etc.

             (3)  A * restraining order ceases to be in force in respect of property covered by the restraining order if:

                     (a)  either:

                              (i)  the court refuses an application for a * forfeiture order that would have covered the property; or

                             (ii)  the court excludes the property from a forfeiture order; or

                            (iii)  a forfeiture order that covers the property is discharged or ceases to have effect; or

                            (iv)  the court excludes the property under section 94 from forfeiture under Part 2-3; and

                     (b)  in the case of a refusal of an application for a * forfeiture order:

                              (i)  the time for an appeal against the refusal has expired without an appeal being lodged; or

                             (ii)  an appeal against the refusal has lapsed; or

                            (iii)  an appeal against the refusal has been dismissed and finally disposed of; and

                     (c)  no application for another * confiscation order relating to:

                              (i)  an offence to which the restraining order relates; or

                             (ii)  a * related offence;

                            is yet to be determined; and

                     (d)  no other confiscation order relating to such an offence is in force.

             (4)  A * restraining order ceases to be in force to the extent that property that it covers vests absolutely in the Commonwealth under Division 4 of Part 2-2 or Division 1 of Part 2-3.

Restraining orders, pecuniary penalty orders and literary proceeds orders

             (5)  A * restraining order that relates to one or more 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 that offence or those 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.

Restraining orders and instruments owned by third parties

             (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 an offence to which the order relates; and

                     (c)  the property is not * proceeds of such an offence; and

                    (ca)  the property is not an instrument of a * serious offence to which the order relates; and

                     (d)  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 offence or a * related offence within 28 days after the restraining order is made.

             (7)  To avoid doubt, this section does not apply to a * restraining order made under section 20A.