Commonwealth Numbered Acts

PROCEEDS OF CRIME ACT 1987 No. 87, 1987 - SECT 57

57. (1) If, at the end of the period of 48 hours after the making of a
restraining order in reliance on the proposed charging of a person with an
offence, the person has not been charged with the offence or a related
indictable offence, the order ceases to be in force at the end of that period.

(2) Subject to subsection (5), where:

   (a)  a restraining order is made in reliance on a person's conviction of an
        offence or the charging of a person with an offence; or

   (b)  a restraining order is made in reliance on the proposed charging of a
        person with an offence and the person is, within the succeeding period
        of 48 hours, charged with the offence or a related indictable offence;
        the following provisions have effect:

   (c)  if, within the relevant period in relation to the restraining order,
        the charge is withdrawn and the person is not charged with a related
        indictable offence by the time the charge is withdrawn, the
        restraining order ceases to be in force when the charge is withdrawn;

   (d)  if, within the relevant period in relation to the restraining order,
        the person is acquitted of the charge and the person is not charged
        with a related indictable offence by the time of the acquittal, the
        restraining order ceases to be in force when the acquittal occurs;

   (e)  if:

        (i)    a court makes a confiscation order in reliance on the person's
               conviction of the offence or a related indictable offence;

        (ii)   the confiscation order is satisfied or otherwise ceases to be
               in force; and

        (iii)  when the order is satisfied or otherwise ceases to be in force:

                (A)  no application for another confiscation order made in
                     reliance on the person's conviction of the offence or a
                     related indictable offence is yet to be determined; and

                (B)  no other confiscation order made in reliance on the
                     person's conviction of the offence or a related
                     indictable offence is in force;
the restraining order ceases to be in force when the confiscation order is
satisfied or otherwise ceases to be in force;

   (f)  if:

        (i)    a court refuses an application for a confiscation order in
               reliance on the person's conviction of the offence or a related
               indictable offence; and

        (ii)   when the court refuses the application:

                (A)  no application for another confiscation order made in
                     reliance on the person's conviction of the offence or a
                     related indictable offence is yet to be determined; and

                (B)  no other confiscation order made in reliance on the
                     person's conviction of the offence or a related
                     indictable offence is in force;
the restraining order ceases to be in force when the court refuses the
application;

   (g)  if some or all of the property subject to the restraining order is
        forfeited under section 30, the restraining order, to the extent to
        which it relates to that property, ceases to be in force when that
        property is forfeited;

   (h)  if, within the relevant period in relation to the restraining order,
        an application is made to a court under subsection (3) for an
        extension to the period of operation of the restraining order and the
        court refuses the application after the end of the relevant period,
        the restraining order ceases to be in force when the court refuses the
        application;

   (j)  if, within the relevant period in relation to the restraining order,
        an application is made to a court under subsection (3) for an
        extension of the period of operation of the restraining order and that
        application is granted, the restraining order ceases to be in force at
        such time, or on the occurrence of such event, as is specified in an
        order of the court made under that subsection; or

   (k)  in any other case, the restraining order ceases to be in force at the
        end of the relevant period in relation to the restraining order.

(3) The DPP may, before the end of the relevant period in relation to a
restraining order against property made in reliance on a person's conviction
of an offence or the charging, or proposed charging, of a person with an
offence, apply to the court that made the restraining order for an extension
of the period of operation of the restraining order and, if the court is
satisfied:

   (a)  that a forfeiture order may still be made in respect of the property
        or part of the property; or

   (b)  where the property is:

        (i)    property of the person; or

        (ii)   property of another person:

                (A)  against which the restraining order was made by virtue of
                     subparagraph 44 (7) (a) (ii); or

                (B)  in relation to which an order under subsection 28 (3) has
                     been, or is likely to be, made;
that a pecuniary penalty order may still be made against the person; the court
may:

   (c)  by order, extend the period of operation of the restraining order; and

   (d)  make such other order or orders as it considers appropriate in
        relation to the operation of the restraining order.

(4) The DPP shall give a person written notice of an application under
subsection (3) in relation to a restraining order in respect of property of
the person.

(5) Where:

   (a)  a restraining order has been made in reliance on a person's conviction
        of an offence or the charging, or proposed charging, of a person with
        an offence; and

   (b)  in reliance on the person's conviction of the offence or a related
        indictable offence, a court has made a forfeiture order in respect of
        part or all of the property and has also made a
        pecuniary penalty order against the person; the court may make such
        further orders, and give such directions, as it considers appropriate
        in relation to the operation of the restraining order, the
        forfeiture order and the pecuniary penalty order, and this Act has
        effect, in relation to those orders and to the property subject to
        those orders, subject to any further orders, or any directions, so
        given.

(6) A reference in this section to the relevant period in relation to a
restraining order is a reference to the period of 6 months after the making of
the restraining order or, if an order or orders has or have been made under
section 48 by virtue of paragraph 48 (1) (a), (b) or (e) in relation to the
restraining order, the period of 6 months after the making of the order, or
the last of the orders, under section 48.