Crimes Legislation Amendment (Unexplained Wealth and Other Measures) Act 2015 (6 of 2015)

Schedule 1   Unexplained wealth

10   After subsection 45A(3)

Insert:

Restraining orders made after application for unexplained wealth order

(3A) A *restraining order made under section 20A ceases to be in force if:

(a) the restraining order was made at the same time as or after an application for an *unexplained wealth order is made in relation to the *suspect to whom the restraining order relates; and

(b) the court refuses to make either:

(i) a *preliminary unexplained wealth order in connection with the application for the unexplained wealth order; or

(ii) the unexplained wealth order itself; and

(c) 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.

(3B) A *restraining order made under section 20A ceases to be in force if:

(a) the restraining order was made at the same time as or after an application for an *unexplained wealth order is made in relation to the *suspect to whom the restraining order relates; and

(b) the court makes the unexplained wealth order (whether before or after the restraining order was made or applied for); and

(c) 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.


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