Document ID: chunk:federal_register_of_legislation:C2018C00169:section:59:p2
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 59 (pt 2/2)
Character Range: 174461–175920

acquired the interest at the time of or after the commission, or alleged commission, of the offence—the applicant acquired the interest:
 (A) for sufficient consideration; and
 (B) without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was tainted property; or
 (e) in any case—if the court is satisfied that it is in the public interest to do so having regard to any financial hardship or other consequence of the interest remaining subject to the order.
 (3) Subject to subsections (4) and (5), a restraining order made in respect of a foreign serious offence ceases to have effect at the end of the period of 30 days commencing on the day on which the order is made.
 (4) A court that makes a restraining order in respect of a foreign serious offence may, on application made by the DPP before the end of the period referred to in subsection (3), extend the period of operation of the restraining order.
 (5) Where:
 (a) a restraining order against property is made in respect of a foreign serious offence; and
 (b) before the end of the period referred to in subsection (3) (including that period as extended under subsection (4)) a foreign restraining order against the property is registered in a court in Australia under the Mutual Assistance Act;
the restraining order referred to in paragraph (a) ceases to have effect upon the registration of the foreign restraining order referred to in paragraph (b).