Document ID: chunk:federal_register_of_legislation:C2025C00034:section:45a:p1
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 45A (pt 1/2)
Character Range: 142538–145248

45A  Cessation of restraining orders relating to unexplained wealth

Restraining orders made before application for unexplained wealth order
 (1) A *restraining order made under section 20A ceases to be in force if:
 (a) no application for an *unexplained wealth order had been made in relation to the *suspect to whom the restraining order relates before the restraining order was made; and
 (b) no such application has been made in relation to the suspect within 28 days after the restraining order was made.
 (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 either:
 (i) a *preliminary unexplained wealth order in connection with the application for the unexplained wealth order; or
 (ii) the unexplained wealth order itself; 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.

Restraining orders made after application for unexplained wealth order
 (3A) A *restraining order made under section 20A ceases to be in force if:
 (a) the restraining order was made at the same time as or after an application for an *unexplained wealth order is made in relation to the *suspect to whom the restraining order relates; and
 (b) the court refuses to make either:
 (i) a *preliminary unexplained wealth order in connection with the application for the unexplained wealth order; or
 (ii) the unexplained wealth order itself; and
 (c) 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.
 (3B) A *restraining order made under section 20A ceases to be in force if:
 (a) the restraining order was made at the same time