Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 2002 - SECT 45A

Cessation of restraining orders relating to unexplained wealth

             (1)  A * restraining order made under section 20A ceases to be in force if, within 28 days after the order was made, no application for an * unexplained wealth order has been made in relation to the * suspect to whom the restraining order relates.

             (2)  A * restraining order made under section 20A ceases to be in force if:

                     (a)  an application for an * unexplained wealth order is made in relation to the * suspect to whom the restraining order relates; and

                     (b)  the application is made within 28 days after the making of the restraining order; and

                     (c)  the court refuses to make the unexplained wealth order; and

                     (d)  one of the following applies:

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

                             (ii)  an appeal against the refusal has lapsed;

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

             (3)  A * restraining order made under section 20A ceases to be in force if:

                     (a)  an application for an * unexplained wealth order is made in relation to the * suspect to whom the restraining order relates; and

                     (b)  the application is made within 28 days after the making of the restraining order; and

                     (c)  the court makes the unexplained wealth order; and

                     (d)  either:

                              (i)  the unexplained wealth order is complied with; or

                             (ii)  an appeal against the unexplained wealth order has been upheld and finally disposed of.

             (4)  If a *restraining order ceases under subsection (1) or (2), the court may, on application by a person with an *interest in the property covered by the restraining order, make any order as to costs it considers appropriate, including costs on an indemnity basis.


 



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