unless:

(d)

there is a ^* confiscation order that relates to the offence; or

(e)

there is an application for such a confiscation order before the court; or

(f)

there is an application under:

(i)

Division 6 of Part 2-2; or

(ii)

Division 4 of Part 2-3; or

(iii)

Division 5 of Part 2-4 or 2-5;

for confirmation of a forfeiture, or a confiscation order, that relates to the offence; or

(g)

the suspect is charged with a ^* related offence.

Restraining orders if there is no conviction etc.

(2) A ^* restraining order ceases to be in force if, within 28 days after the order was made:

(a)

the ^* suspect has not been convicted of, or charged with, the offence, or at least one offence, to which the restraining order relates; and

(b)

there is no ^* confiscation order or application for a confiscation order that relates to the offence .

Restraining orders and forfeiture orders etc.

(3) A ^* restraining order ceases to be in force in respect of property covered by the restraining order if:

(a)

either:

(i)

the court refuses an application for a ^* forfeiture order that would have covered the property; or

(ii)

the court excludes the property from a forfeiture order; or

(iii)

a forfeiture order that covers the property is discharged or ceases to have effect; or

(iv)

the court excludes the property under section 94 from forfeiture under Part 2-3; and

(b)

in the case of a refusal of an application for a ^* forfeiture order:

(i)

the time for an appeal against the refusal has expired without an appeal being lodged; or

(ii)

an appeal against the refusal has lapsed; or

(iii)

an appeal against the refusal has been dismissed and finally disposed of; and

(c)

no application for another ^* confiscation order relating to:

(i)

an offence to which the restraining order relates; or

(ii)

a ^* related offence;

is yet to be determined; and

(d)

no other confiscation order relating to such an offence is in force.

(4) A ^* restraining order ceases to be in force to the extent that property that it covers vests absolutely in the Commonwealth under Division 4 of Part 2-2 or Division 1 of Part 2-3.

Restraining orders, pecuniary penalty orders and literary proceeds orders

(5) A ^* restraining order that relates to one or more offences ceases to be in force in respect of property covered by the restraining order if:

(a)

a ^* pecuniary penalty order or a ^* literary proceeds order relates to that offence or those offences; and

(b)

one or more of the following occurs:

(i)

the pecuniary penalty order or the literary proceeds order is satisfied;

(ii)

the property is sold or disposed of to satisfy the pecuniary penalty order or literary proceeds order;

(iii)

the pecuniary penalty order or the literary proceeds order is discharged or ceases to have effect.

Restraining orders and instruments owned by third parties

(6) Despite subsection (1), if:

(a)

a ^* restraining order covers property of a person who is not a ^* suspect; and

(b)

the property is an ^* instrument of an offence to which the order relates; and

(c)

the property is not ^* proceeds of such an offence; and

(ca)

the property is not an instrument of a ^* terrorism offence to which the order relates; and

(d)

the property is not subject to the ^* effective control of another person who is a suspect in relation to the order;