Document ID: chunk:federal_register_of_legislation:C2018C00169:section:57:p3
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 57 (pt 3/4)
Character Range: 168750–171295

person with an offence, apply to the court that made the restraining order for an extension of the period of operation of the restraining order and, if the court is satisfied:
 (a) that a forfeiture order may still be made in respect of the property or part of the property;
 (aa) that the property or part of the property may still become forfeited under subsection 30(1); or
 (b) where the property is:
 (i) property of the person; or
 (ii) property of another person:
 (A) against which the restraining order was made by virtue of subparagraph 44(7)(a)(ii) or (7A)(a)(ii); or
 (B) in relation to which an order under subsection 28(3) has been, or is likely to be, made;
  that a pecuniary penalty order may still be made against the person;
the court may:
 (c) by order, extend the period of operation of the restraining order; and
 (d) make such other order or orders as it considers appropriate in relation to the operation of the restraining order.
 (4) The DPP shall give a person written notice of an application under subsection (3) in relation to a restraining order in respect of property of the person.
 (5) Where:
 (a) a restraining order has been made in reliance on a person's conviction of an offence or the charging, or proposed charging, of a person with an offence; and
 (b) in reliance on the person's conviction of the offence or a related indictable offence, a court has made a forfeiture order in respect of part or all of the property and has also made a pecuniary penalty order against the person;
the court may make such further orders, and give such directions, as it considers appropriate in relation to the operation of the restraining order, the forfeiture order and the pecuniary penalty order, and this Act has effect, in relation to those orders and to the property subject to those orders, subject to any further orders, or any directions, so given.
 (6) A reference in this section to the relevant period in relation to a restraining order is a reference to the period beginning on the day when the order was made and ending:
 (a) if an order has, or orders have, been made under subsection (3) extending the restraining order's period of operation—at such time, or on the occurrence of such event, as is specified in the order, or the last of the orders, so made;
 (b) if paragraph (a) does not apply but an order has, or orders have, been made by virtue of paragraph 48(1)(a), (b) or (e) in relation to the restraining order—at the end of 6 months after the day when the order, or the last of the orders, was