Tasmanian Consolidated Acts

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CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 38

Duration of restraining orders
(1)  Subject to this section, a restraining order remains in force for the period of 6 months immediately following the day on which it is made or for such other period as is specified in the order.
(2)  A restraining order made in reliance on the proposed charging of a person with a serious offence ceases to be in force at the expiration of the period of 48 hours immediately following the time at which it is made if the person is not, within that period of time, charged with the offence or a related offence.
(3)  The Supreme Court may, on application made to it, make an order –
(a) extending the period for which a restraining order is to remain in force; or
(b) setting aside a restraining order.
(4)  An application for an order under subsection (3) may be made by –
(a) an authorized officer; or
(b) the person in respect of whom the restraining order was made; or
(c) any person whose property the restraining order relates to; or
(d) any person who has an interest in the property that the restraining order relates to.
(5)  An applicant for an order under subsection (3) is to give written notice of the application to each other person who the applicant has reason to believe could have applied for the order.
(6)  Any person who is given or entitled to be given notice under subsection (5) may appear and adduce evidence at the hearing of the application.
(7)  Without limiting the generality of subsection (3) , the Supreme Court may make an order setting aside a restraining order on the application of a person referred to in subsection (4) (b) if the person –
(a) gives security satisfactory to the court for the payment of any pecuniary penalty that may be imposed on the person under section 21 (1) ; or
(b) gives undertakings satisfactory to the court concerning the person's property.


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