Crimes Legislation Amendment (Serious and Organised Crime) Act 2010 (3 of 2010)

Schedule 1   Unexplained wealth

Part 1   Main amendments

Proceeds of Crime Act 2002

12   At the end of Division 6 of Part 2-1

Add:

45A Cessation of restraining orders relating to unexplained wealth

(1) A *restraining order made under section 20A ceases to be in force if, within 28 days after the order was made, no application for an *unexplained wealth order has been made in relation to the *suspect to whom the restraining order relates.

(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 the unexplained wealth order; 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.

(4) If a *restraining order ceases under subsection (1) or (2), the court may, on application by a person with an *interest in the property covered by the restraining order, make any order as to costs it considers appropriate, including costs on an indemnity basis.