New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 45B

45B Time when restraining order ceases to be in force

(1) If, at the end of the period of 48 hours after the making of a restraining order in reliance on the proposed charging of a person with a serious offence, the person has not been charged with the offence or a related offence, the order ceases to be in force at the end of that period.

(2) If, when a restraining order was made in reliance on the charging of a person with a serious offence--

(a) the charge is withdrawn and the person is not charged with a related offence by the time of the withdrawal, the restraining order ceases to be in force when the charge is withdrawn, or

(b) the person is acquitted of the charge and the person is not charged with a related offence by the time of the acquittal, the restraining order ceases to be in force when the acquittal occurs.

(3) If, while a restraining order in respect of property made in reliance on the charging, or proposed charging, of a person with a serious offence is in force, a court makes a forfeiture order in respect of the property or makes a pecuniary penalty order or drug proceeds order against the person, the Supreme Court may--

(a) if it considers it appropriate, make an order setting aside the restraining order in respect of the whole or a specified part of the property, and

(b) make such other order or orders as it considers appropriate in relation to the operation of the restraining order.

(4) If, while a restraining order in respect of property made in reliance on the charging, or proposed charging, of a person with a serious offence is in force, a court (other than the Supreme Court) makes a forfeiture order in respect of the property or makes a pecuniary penalty order or drug proceeds order against the person, the court may--

(a) if it considers it appropriate, make an order setting aside the restraining order in respect of the whole or a specified part of the property, and

(b) make such other order or orders as it considers appropriate in relation to the operation of the restraining order,

but the court may make an order under this subsection only if, and to the extent and in the circumstances, it is authorised to do so by an order of the Supreme Court under section 45 (2).

(5) If, while a restraining order in respect of property made in reliance on the charging, or proposed charging, of a person with a serious offence is in force, a court refuses to make a forfeiture order in respect of the property or refuses to make a pecuniary penalty order against the person, the Supreme Court may--

(a) if it considers it appropriate, make an order in relation to the period for which the restraining order is to remain in force, and

(b) make such other order or orders as it considers appropriate in relation to the operation of the restraining order.

(6) An order under subsection (3), (4) or (5) may be made so as--

(a) to set aside the restraining order wholly or in part, and

(b) to take effect--

(i) on the making of the first-mentioned order, or

(ii) at a specified time, or

(iii) if relevant, on the payment of a penalty amount to the State, or

(iv) on the happening of some other specified event,

and, when the first-mentioned order takes effect, the restraining order ceases to be in force to the extent to which it is set aside.