Australian Capital Territory Numbered Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 45

    (1)     A restraining order over particular property ends—

        (a)     if the restraining order stops applying to the property in accordance with an order under this Act (for example, an exclusion order); or

        (b)     if the property is forfeited under this Act—when the property vests in law in the Territory and the public trustee takes control of the property; or

        (c)     if the property is disposed of by the public trustee to satisfy a penalty order; or

        (d)     when the restraining order ends under this division.

Note 1     On forfeiture, restrained property vests in the Territory. However, registrable property does not vest in law in the Territory until the Territory's interest is registered in the appropriate register. Until then, it is vested in equity in the Territory. (See s 109 and s 110.)

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     To remove any doubt, the ending of a restraining order over particular property does not affect the operation of the restraining order in relation to other property restrained under the order.

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