Document ID: chunk:federal_register_of_legislation:C2025C00034:section:45:p1
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 45 (pt 1/3)
Character Range: 137682–140277

45  Cessation of certain restraining orders

Effect on restraining orders of withdrawal of charges, acquittals etc.
 (1) A *restraining order that relates to one or more offences ceases to be in force 28 days after one of the following occurs:
 (a) the charge, or all of the charges, that relate to the restraining order are withdrawn;
 (b) the *suspect is acquitted of the offence, or all of the offences, with which he or she was charged;
 (c) the suspect's conviction for the offence, or all of the offences, of which he or she was convicted are *quashed;
unless:
 (d) there is a *confiscation order that relates to the offence; or
 (e) there is an application for such a confiscation order before the court; or
 (f) there is an application under:
 (i) Division 6 of Part 2‑2; or
 (ii) Division 4 of Part 2‑3; or
 (iii) Division 5 of Part 2‑4 or 2‑5;
  for confirmation of a forfeiture, or a confiscation order, that relates to the offence; or
 (g) the suspect is charged with a *related offence; or
 (h) a new trial is ordered in relation to the offence.

Restraining orders if there is no conviction etc.
 (2) A *restraining order ceases to be in force if, within 28 days after the order was made:
 (a) the *suspect has not been convicted of, or charged with, the offence, or at least one offence, to which the restraining order relates; and
 (b) there is no *confiscation order or application for a confiscation order that relates to the offence.

Restraining orders and forfeiture orders etc.
 (3) A *restraining order ceases to be in force in respect of property covered by the restraining order if:
 (a) either:
 (i) the court refuses an application for a *forfeiture order that would have covered the property; or
 (ii) the court excludes the property from a forfeiture order; or
 (iii) a forfeiture order that covers the property is discharged or ceases to have effect; or
 (iv) the court excludes the property under section 94 from forfeiture under Part 2‑3; and
 (b) in the case of a refusal of an application for a *forfeiture order:
 (i) the time for an appeal against the refusal has expired without an appeal being lodged; or
 (ii) an appeal against the refusal has lapsed; or
 (iii) an appeal against the refusal has been dismissed and finally disposed of; and
 (c) no application for another *confiscation order relating to:
 (i) an offence to which the restraining order relates; or
 (ii) a *related offence;
  is yet to be determined; and
 (d) no other confiscation order relating to such an offence is in force.
 (4) A *restraining order ceases to be in force to the extent