Document ID: chunk:federal_register_of_legislation:C2018C00169:section:57:p1
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 57 (pt 1/4)
Character Range: 164037–166598

57  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 an offence, the person has not been charged with the offence or a related indictable offence, the order ceases to be in force at the end of that period.
 (2) Subject to subsection (5), where:
 (a) a restraining order is made in reliance on a person's conviction of an offence or the charging of a person with an offence; or
 (b) a restraining order is made in reliance on the proposed charging of a person with an offence and the person is, within the succeeding period of 48 hours, charged with the offence or a related indictable offence;
the following provisions have effect:
 (c) if, within the relevant period in relation to the restraining order, the charge is withdrawn and the person is not charged with a related indictable offence by the time the charge is withdrawn, the restraining order ceases to be in force when the charge is withdrawn;
 (d) if, within the relevant period in relation to the restraining order, the person is acquitted of the charge and the person is not charged with a related indictable offence by the time of the acquittal, the restraining order ceases to be in force:
 (i) in a case where the acquittal occurs after the commencement of the Proceeds of Crime Act 2002—at the end of the period of 28 days after the day of the acquittal; or
 (ii) otherwise—when the acquittal occurs;
Note: After the commencement of the Proceeds of Crime Act 2002, an application can be made under that Act (but not section 17) for a restraining order in relation to the offence, despite the acquittal.
 (e) if:
 (i) a court makes a confiscation order that is a pecuniary penalty order in reliance on the person's conviction of the offence or a related indictable offence;
 (ii) the pecuniary penalty order is satisfied or otherwise ceases to be in force; and
 (iii) when the order is satisfied or otherwise ceases to be in force:
 (A) no application for another confiscation order made in reliance on the person's conviction of the offence or a related indictable offence is yet to be determined; and
 (B) no other confiscation order made in reliance on the person's conviction of the offence or a related indictable offence is in force;
  the restraining order ceases to be in force, upon the pecuniary penalty order being satisfied or otherwise ceasing to be in force, to the extent that the property to which the restraining order relates is the same as