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AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 49P

When do restraining orders cease to have effect?

  (1)   A restraining order ceases to have effect if any of the following things happen:

  (a)   the defendant is acquitted of the offence, or the charge is withdrawn or otherwise disposed of without conviction and the defendant has not been charged with a related corruption offence before the acquittal, withdrawal or disposal;

  (b)   the defendant is convicted of the offence, but does not receive a sentence that would support the making of an application for a superannuation order under subsection   45(1A);

  (c)   the Minister administering the Crimes (Superannuation Benefits) Act 1989 refuses to authorise the DPP to apply for a superannuation order in respect of the defendant;

  (d)   the appropriate court refuses to make a recovery order against the defendant;

  (e)   such an order is made in respect of the defendant but is later satisfied or is taken to have been revoked;

  (f)   where the restraining order was made in reliance on the proposed charging of the person with an offence--the defendant is not charged with the offence or a related corruption offence before the end of the period of 48 hours after the order is made.

  (2)   Subject to this section, a restraining order ceases to have effect, if it has not already done so under subsection   (1), at the end of the relevant period in relation to the order.

  (3)   If, within the relevant period in relation to a restraining order, an application is made under section   49Q for an extension of the period of effect of the restraining order and the court refuses the application after the end of the relevant period, the restraining order ceases to have effect when the court refuses the application.

  (4)   If, within the relevant period in relation to a restraining order, an application is made under section   49Q for an extension of the period of effect of the restraining order and the application is granted, the restraining order ceases to have effect at the time, or on the occurrence of the event, specified in an order made by the court under that section.



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