Document ID: chunk:federal_register_of_legislation:C2004A04198:body:0:p13
Version: federal_register_of_legislation:C2004A04198
Segment Type: other
Provision Reference: 
Character Range: 31643–34420

a person's conviction of a serious offence, a person" and substituting "in reliance on:

  (a)     a person's conviction of a serious offence; or

    (b)     the charging or proposed charging of a person with such an offence;

a person".

(2) The amendment made by subsection (1) applies whether the forfeiture occurred, or the restraining order to which the forfeiture relates was made, before or after the commencement of this section.

Restraining orders

  44. Section 43 of the Principal Act is amended:

    (a)     by inserting in subsection (1) "one or more of the following" after "against";

  (b)    by omitting paragraph (1) (da);

  (c)     by omitting from paragraph (1) (e) "or".

Notice of application for restraining order

  45. Section 45 of the Principal Act is amended:

    (a)     by omitting from subsection (2) "subsection (3)" and substituting "section 45a";

  (b)    by omitting subsections (3) and (4);

    (c)     by omitting from subsection (5) everything from and including "an application for" to the end of paragraph (b) and substituting "an application for a restraining order,".

46. After section 45 of the Principal Act the following section is inserted:

Extension of certain restraining orders

"45a. (1) Subject to subsection (2), the court may, on application made by the DPP before the end of the period mentioned in subsection 45 (2), extend the period of operation of a restraining order made in reliance on that subsection.

"(2) Section 44 (other than subsection 44 (4)) applies, with the necessary changes made, to the extension of the period of operation of a restraining order made in reliance on subsection 45 (2) in the same way as it applies to the making of a restraining order.

"(3) The DPP must give written notice of an application under subsection (1) for the extension of the period of operation of a restraining order to:

    (a)     the owner of the property against which the restraining order was made; and

    (b)     any other person who the DPP has reason to believe may have an interest in the property.

"(4) The court may, at any time before the final determination of an application for an extension of the period of operation of a restraining order, direct the DPP to give or publish notice of the application to a specified person or class of persons, in the manner and within the time that the court considers appropriate.".

Transitional

47. The amendments made by sections 45 and 46 do not apply to an application made under subsection 45 (3) of the Principal Act before the commencement of this section.

Court may make further orders

  48. (1) Section 48 of the Principal Act is amended:

     (a) by omitting paragraph (1) (c) and substituting the following paragraph:

         "(c) an order