Australian Capital Territory Numbered Regulations

SUPREME COURT AMENDMENT RULES 2004 (NO 5) (NO 54 OF 2004) - REG 50

substitute

5     Filing of amendments to forfeiture orders

For the Act, section 141 (1) (b), details of any amendment of a forfeiture order, or any direction of the entity that made the order, may be given to the court only by filing a sealed copy of the amendment or direction.    

Note     The Act, s 141 (1) provides that unless details of these amendments or directions are given to the court in accordance with the procedures of the court, the registration of the forfeiture order may be cancelled.

6     Registration of interstate orders under Proceeds of Crime Act 1991 (repealed)—transitional

    (1)     This order as in effect immediately before the commencement of this rule continues to apply in relation to—

        (a)     an interstate restraining order, or interstate forfeiture order, within the meaning of the Proceeds of Crime Act 1991 (repealed), section 4 (1) registered under this order at that time; and

        (b)     an application for the registration of an order mentioned in paragraph (a), if the application had been made, but not finalised, at that time.

Note     Continuing registration of interstate restraining orders and interstate forfeiture orders under the repealed Act is subject to the Confiscation of Criminal Assets Act , section 262 (Orders under repealed Act). That section provides for the continued application of the repealed Act to the orders. For example, this would allow the registration of interstate orders to be cancelled in the circumstances provided in the repealed Act, s 81 or s 87.

    (2)     This rule expires 2 years after its date of commencement.

Note     The expiry of transitional provisions does not end their effect (see Legislation Act, s 88).