Document ID: chunk:federal_register_of_legislation:C2004A04198:body:0:p15
Version: federal_register_of_legislation:C2004A04198
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the Official Trustee" and substituting "paragraph (1) (da) directs to give a statement";

    (f)      by omitting from subsection (6a) "furnishing" and substituting "giving";

    (g)     by omitting from subsection (6b) "furnishes a statement to the Official Trustee" and substituting "gives a statement";

     (h) by omitting from subsection (6b) "subsection (1)" and substituting "paragraph (1) (f)".

(2) The amendments made by subsection (1) apply in relation to restraining orders made before or after the commencement of this section.

When restraining order ceases to be in force

  49. (1) Section 57 of the Principal Act is amended:

    (a)     by inserting in subparagraph (2) (e) (i) "that is a pecuniary penalty order" after "confiscation order";

    (b)    by omitting from subparagraph (2) (e) (ii) "confiscation order" and substituting "pecuniary penalty order";

    (c)     by omitting from paragraph (2) (e) "when the confiscation order is satisfied or otherwise ceases to be in force" and substituting ", upon the pecuniary penalty order being satisfied or otherwise ceasing to be in force, to the extent that the property to which the restraining order relates is the same as the property that is sold or otherwise disposed of to satisfy the pecuniary penalty order and pay the costs, charges, expenses and remuneration referred to in subsection 49 (6)";

  (d)    by inserting in paragraph (2) (g) "19 or" after "section".

(2) The amendments made by subsection (1) apply in relation to restraining orders made before or after the commencement of this section.

Production orders

  50. Section 66 of the Principal Act is amended:

  (a)     by omitting from paragraph (1) (d) "and";

  (b)    by omitting paragraph (e).

State and Territory courts to have jurisdiction

  51. Section 98 of the Principal Act is amended:

    (a)     by omitting from subsection (2) "subsections (3) and (5)" and substituting "this section";

    (b)    by omitting subsection (3) and substituting the following subsections:

     "(3) A court cannot make a forfeiture order in respect of property if the court does not have jurisdiction with respect to the recovery of property of that kind.

     "(3a) A court may make a forfeiture order in respect of property even though, apart from this section, the court does not have jurisdiction with respect to property whose value equals the value of that property.";

    (c) by omitting subsection (5) and substituting the following subsections:

      "(5) Where:

         (a)     a court makes a pecuniary penalty order of a particular amount; and

         (b)     the court does not have jurisdiction with respect to the recovery of debts of an amount equal to that amount, the registrar of the court must issue a certificate containing the prescribed particulars.

     "(5a) The certificate may be registered, in accordance with the regulations, in a court having jurisdiction with respect to the recovery