Document ID: chunk:federal_register_of_legislation:C2018C00169:section:49:p3
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 49 (pt 3/3)
Character Range: 152857–154886

whose property was subject to the restraining order.
 (8) Where the Official Trustee credits, in accordance with a direction under this section, an amount to the Confiscated Assets Special Account as required by section 34B in satisfaction of a person's liability under a pecuniary penalty order, the person's liability under the pecuniary penalty order shall, to the extent of the payment, be deemed to be discharged.
 (9) Where:
 (a) a restraining order is made against property in reliance on a person's conviction of an offence or in reliance on the charging, or proposed charging of a person with an offence; and
 (b) before or after the restraining order is made, a pecuniary penalty order has been or is made against the person in reliance on the person's conviction of the offence or a related indictable offence;
the relevant appeal period in respect of the property is:
 (c) the appeal period in relation to the person's conviction of the offence; or
 (d) the appeal period in relation to the making of the pecuniary penalty order;
whichever ends last.
 (10) A reference in this section to the appeal period in relation to a person's conviction of an offence is:
 (a) in a case where the person is to be taken to have been convicted of the offence by reason of paragraph 5(1)(b)—a reference to the appeal period in relation to the finding of the person guilty of the offence; and
 (b) in a case where the person is to be taken to have been convicted of the offence by reason of paragraph 5(1)(c)—a reference to the appeal period in relation to the person's conviction of the other offence referred to in that paragraph.
 (11) In this section, appeal period, in relation to a decision of a court or a finding, means the period ending:
 (a) if the period provided for the lodging of an appeal against the decision or finding has ended without such an appeal having been lodged—at the end of that period; or
 (b) if an appeal against the decision or finding has been lodged—when the appeal lapses or is finally determined.