Document ID: chunk:federal_register_of_legislation:C2004A04198:body:0:p3
Version: federal_register_of_legislation:C2004A04198
Segment Type: other
Provision Reference: 
Character Range: 5813–8598

in which the services are provided—by both of those States.".

End of appointments

  5. Section 26e of the Principal Act is amended:

  (a) by inserting after subsection (1) the following subsection:

     "(1a) Where a determination is not made under subsection (1) in relation to a member or staff member, the Commissioner may determine, in writing, that, subject to any conditions specified in the determination, if the member or staff member is retired under paragraph (2) (b) before the end of the term of appointment, the member or staff member is entitled to the compensation specified in, or worked out under, the determination.";

    (b)     by omitting from paragraph (2) (b) "the person who made the appointment" and substituting "the Commissioner";

    (c)     by omitting from subsection (3) "A person" and substituting "The Commissioner".

Application for superannuation order: evidence

6. (1) Section 45a of the Principal Act is amended by adding at the end of subsection (1) "and to the evidence given in any such proceedings".

(2) The amendment made by subsection (1) applies in relation to an application made under subsection 45 (1) of the Principal Act after the commencement of this section in respect of a person's conviction of an offence, whether the person was convicted before or after the commencement.

Notice of application for restraining order

  7. Section 49e of the Principal Act is amended:

    (a)     by omitting from subsection (2) "subsection (3)" and substituting "section 49ea";

  (b)    by omitting subsections (3) and (4).

8. After section 49e of the Principal Act the following section is inserted:

Extension of certain restraining orders

"49ea. (1) Subject to subsection (2), the court may, on application made by the DPP before the end of the period mentioned in subsection 49e (2), extend the period of operation of a restraining order made in reliance on that subsection.

"(2) Subsections 49d (1), (2), (3) and (5) apply, with the necessary changes made, to the extension of the period of operation of a restraining order made in reliance on subsection 49e (2) in the same way as they apply to the making of a restraining order.

"(3) The DPP must give written notice of an application under subsection (1) for the extension of a restraining order to:

     (a)     the owner of the property against which the restraining order was made; and

     (b)     any other person who the DPP has reason to believe may have an interest in the property.".

Transitional

9. The amendments made by sections 7 and 8 do not apply to an application made under subsection 49e (3) of the Principal Act before the commencement of this section.

Ancillary orders

10. (1) Section 49j of the Principal Act is amended by omitting paragraph (1)