Australian Capital Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 49

Extension of time for restraining orders

    (1)     This section applies to an offender over whose property a restraining order is or has been in force in relation to the commission (or the alleged commission) of an indictable offence, despite anything else in this Act.

    (2)     On the application of the DPP, the court that made the restraining order may make either or both of the following orders:

        (a)     an order that the restraining order is to remain in force for a stated period (or as stated in the order);

        (b)     an order that a restraining order that has ended is to be revived for a stated period (or as stated in the order).

    (3)     The order may be stated to have effect—

        (a)     immediately; or

        (b)     at a stated time; or

        (c)     if a stated event happens.

    (4)     The court may make an order under this section only if satisfied that—

        (a)     any additional property to which the application relates was (or will be) derived from the offence, or identified, only after the restraining order ended (or would otherwise end); or

        (b)     necessary evidence for the making of a forfeiture or penalty application has (or will) become available only after the restraining order ended (or would otherwise end); or

        (c)     if an automatic forfeiture in relation to a serious offence ends because the offender is cleared of the offence—it is desirable in relation to an application for a civil forfeiture order or a penalty order under section 85 (Penalty orders—commission of serious offences); or

        (d)     it is otherwise desirable having regard to the purposes of this Act.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback