Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies to an offender over whose property a restraining order has been made in relation to a serious offence.
(2) The restraining order ends for the circumstances stated in table 48, column 2 at the time indicated for those circumstances in column 3.
Note 1 The restraining order may continue to operate in relation to related serious offences (see s (5)).
Note 2 For the ending of forfeiture and penalty orders for serious offences, see—
• s 56 (When conviction forfeiture order ends)
• s 71 (When civil forfeiture order ends)
• s 98 (When penalty order ends).
Note 3 For the ending of automatic forfeiture for serious offences, see s 61.
(3) A reference in table 48 to a person being convicted of the offence mentioned in subsection (1) includes a reference to the person being convicted of a related offence instead of the offence mentioned in subsection (1).
(4) For table 48, item 4, if more than 1 forfeiture or penalty application is made before the restraining order ends under item 1, 2 or 3, the restraining order ends at the latest time that it would end if any of those applications were the only forfeiture or penalty application made.
(5) If, within the period stated in the restraining order under section 33 (2) (d) (Restraining order—contents), an indictment is presented against the offender for another offence or offences related to the offence mentioned in subsection (1) (the primary offence ), the restraining order ends at the later of the following times:
(a) the time that it would end under this section if there were no related offences;
(b) the latest time that it would end under this section or section 47 (When restraining order ends—ordinary offences) if—
(i) the related offence or any of the related offences, taken by itself, were the primary offence; and
(ii) there were no other offences in relation to which the restraining order had been made.
Note Indictment is defined in the Legislation Act
, dict, pt 1 as including an information. (See also that Act, dict, pt 1, def present .)
(6) The relevant court may, on the application of the DPP while the order is in force, order that a restraining order ends earlier than otherwise provided for by this section.
Table 48 Ending of restraining orders—serious offences
|
column 1 item |
column 2 circumstances |
column 3 when restraining order ends |
|---|---|---|
| 1 | an indictment is not presented against the offender for the offence, or a forfeiture or penalty application is not made, before the end of the period stated in the restraining order under section 33 (2) (d) | end of the period stated in the restraining order under that paragraph |
| 2 | the offender is cleared or convicted of the offence, the restraining order is made before the offender is cleared or convicted of the offence, and no forfeiture or penalty application is made within 6 months after the day the offender is cleared or convicted | the later of whichever of the following events applies: (a) end of the 6 month period; (b) when the automatic forfeiture ends |
|
3 | the offender is cleared or convicted of the offence, the restraining order is made on the same day as, or after, the offender is cleared or convicted of the offence, and no forfeiture or penalty application is made within 6 months after the day the offender is cleared or convicted | the later of whichever of the following events applies: (a) end of the 6 month period; (b) when the automatic forfeiture ends |
|
4 | a forfeiture or penalty application is made before the restraining order ends under item 1, 2 or 3 | the later of whichever of the following events applies on or after the finalisation of the proceeding in relation to the application: (a) if no forfeiture order or penalty order is in force at the time of the finalisation of the proceeding—when the proceeding is finalised; (b) if a forfeiture order or penalty order is in force at that time—when the order ends; (c) if the offender has been convicted of the offence—when the automatic forfeiture ends |