Document ID: chunk:federal_register_of_legislation:C2004C01279:clause:4_6c
Version: federal_register_of_legislation:C2004C01279
Segment Type: clause
Provision Reference: sch 4 cl 6C
Character Range: 98273–99606

6C  Interpretive provisions relating to proceeds of crime orders

When property is covered by a restraining order or a forfeiture order

 (1) For the purposes of this Act, property is covered by a restraining order or a forfeiture order during the period:
 (a) starting when the order comes into force in relation to the property; and
 (b) ending when the earliest of the following occurs:
 (i) the order ceases to be in force;
 (ii) a court excludes the property from the order;
 (iii) if the order is a restraining order—a court excludes the property from forfeiture that would or may result from conviction for an offence.

Satisfaction of pecuniary penalty orders

 (2) Without limiting the circumstances in which a pecuniary penalty order ceases to be in force, a pecuniary penalty order ceases to be in force if it is satisfied.

When applications for proceeds of crime orders are finally determined

 (3) For the purposes of this Act, an application for a proceeds of crime order is taken to be finally determined when:
 (a) the application is withdrawn; or
 (b) if the application is successful—the resulting proceeds of crime order comes into force; or
 (c) if the application is unsuccessful—the time within which an appeal can be made has expired and any appeals have been finally determined or otherwise disposed of.