Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 27

    (1)     This section does not apply to an application for—

        (a)     an artistic profits restraining order; or

        (b)     an unclaimed tainted property restraining order; or

        (c)     an unexplained wealth restraining order.

    (2)     An application for a restraining order in relation to an ordinary offence must be made before the end of the longer of the following periods:

        (a)     if an indictment has been presented against the offender for the offence, and the offender has not been convicted or cleared of the offence—2 years after the day the indictment was presented;

        (b)     if the offender has been convicted of the offence (and not cleared)—2 years after the day of the conviction;

        (c)     in any case—6 years after the day the offence was committed (or is alleged to have been committed).

Note 1     For the meaning of in relation to , see dict.

Note 2     Indictment is defined in the Legislation Act

, dict, pt 1 as including an information. (See also that Act, dict, pt 1, def present .)

Note 3     The court may allow leave for an application to be made after a time fixed by this section in certain circumstances (see s 49 and s 246).

    (3)     An application for a restraining order in relation to a serious offence must be made before the end of the longer of the following periods:

        (a)     if an indictment has been presented against the offender for the offence, and the offender has not been convicted or cleared of the offence—2 years after the day the indictment was presented;

        (b)     if the offender has been convicted of the offence—2 years after the day of the conviction;

        (c)     in any case—6 years after the day the offence was committed (or is alleged to have been committed).

Note     The court may allow leave for an application to be made after a time fixed by this section in certain circumstances (see s 49 and s 246).