Document ID: chunk:federal_register_of_legislation:C2012C00115:clause:1_45a
Version: federal_register_of_legislation:C2012C00115
Segment Type: clause
Provision Reference: sch 1 cl 45A
Character Range: 12373–14092

45A  Cessation of restraining orders relating to unexplained wealth

 (1) A *restraining order made under section 20A ceases to be in force if, within 28 days after the order was made, no application for an *unexplained wealth order has been made in relation to the *suspect to whom the restraining order relates.

 (2) A *restraining order made under section 20A ceases to be in force if:
 (a) an application for an *unexplained wealth order is made in relation to the *suspect to whom the restraining order relates; and
 (b) the application is made within 28 days after the making of the restraining order; and
 (c) the court refuses to make the unexplained wealth order; and
 (d) one of the following applies:
 (i) the time for an appeal against the refusal has expired without an appeal being lodged;
 (ii) an appeal against the refusal has lapsed;
 (iii) an appeal against the refusal has been dismissed and finally disposed of.

 (3) A *restraining order made under section 20A ceases to be in force if:
 (a) an application for an *unexplained wealth order is made in relation to the *suspect to whom the restraining order relates; and
 (b) the application is made within 28 days after the making of the restraining order; and
 (c) the court makes the unexplained wealth order; and
 (d) either:
 (i) the unexplained wealth order is complied with; or
 (ii) an appeal against the unexplained wealth order has been upheld and finally disposed of.

 (4) If a *restraining order ceases under subsection (1) or (2), the court may, on application by a person with an *interest in the property covered by the restraining order, make any order as to costs it considers appropriate, including costs on an indemnity basis.