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Confiscation of Criminal Assets Act 2003
47When restraining order ends—ordinary offences
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47 When restraining order ends—ordinary offences
order has been made in relation to an ordinary offence.
(2) However, this section does not apply if the restraining order was also
given in relation to a related serious offence, or is varied to apply to
a related serious offence.
(3) The restraining order ends for the circumstances stated in table 47,
column 2 at the time indicated for those circumstances in column 3.
Note 1 The restraining order may continue to operate in relation to related
ordinary offences (see s (6)).
Note 2 For the ending of forfeiture and penalty orders for ordinary offences,
see—
• s 56 (When conviction forfeiture order ends)
• s 98 (When penalty order ends).
(4) A reference in table 47 to a person being convicted of the offence
mentioned in subsection (1) includes a reference to the person being
convicted of a related offence instead of the offence mentioned in
subsection (1).
(5) For table 47, items 4 and 6, if more than 1 forfeiture or penalty
application is made within the period stated in the item, column 2, the
restraining order ends at the latest time that it would end if any of
those applications were the only forfeiture or penalty application
(6) If, within the period stated in the restraining order under
section 33 (2) (d) (Restraining order—contents), an indictment is
presented against the offender for another ordinary offence or
offences related to the offence mentioned in subsection (1) (the
primary offence), the restraining order ends at the later of the
following times:
(a) the time that it would end if there were no related offences;
(b) the latest time that it would end if—
(i) the related offence or any of the related offences, taken by
itself, were the primary offence; and
(ii) there were no other offences in relation to which the
restraining order had been made.
(7) The relevant court may, on the application of the DPP while the order
is in force, order that the restraining order is to end earlier than
otherwise provided for by this section.
Table 47 Ending of restraining orders—ordinary offences
item
when restraining order
ends
1 an indictment is not presented against the
offender for the offence before the end of
the period stated in the restraining order
under section 33 (2) (d)
end of the period stated in
the restraining order under
that paragraph
2 an indictment is presented against the
offender for the offence before the end of
the period stated in the restraining order
under section 33 (2) (d), but the offender is
cleared of the offence
when the offender is cleared
of the offence
3 the offender is convicted of the offence, the
restraining order is made before the
conviction, and no forfeiture or penalty
application is made within 6 months after
the day of the conviction
end of the 6 month period
item
when restraining order
ends
4 the offender is convicted of the offence, the
restraining order is made before the
conviction, and a forfeiture or penalty
application is made within 6 months after
the day of the conviction
at or after the finalisation of
the proceeding in relation to
the application, as follows:
at the finalisation of the
proceeding—at that
time;
at that time—when the
forfeiture order or
penalty order ends
5 the offender is convicted of the offence, the
restraining order is made on the same day
as, or after, the conviction, and no forfeiture
or penalty application is made within
6 months after the day the restraining order
was made
end of the 6 month period
6 the offender is convicted of the offence, the
restraining order is made on the same day
as, or after, the conviction, and a forfeiture
or penalty application is made within
6 months after the day the restraining order
was made
at or after the finalisation of
the proceeding in relation to
the application, as follows:
at the time of the
finalisation of the
proceeding—at that
time;
at that time—when the
forfeiture order or
penalty order ends