ACTIn ForceAct
Confiscation of Criminal Assets Act 2003
48When restraining order ends—serious offences
Start here
Get a plain-English read of 48
Turn the raw legal text into a practical explanation grounded in Confiscation of Criminal Assets Act 2003.
48 When restraining order ends—serious offences
order has been made in relation to a serious offence.
(2) The restraining order ends for the circumstances stated in table 48,
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
serious offences (see s (5)).
Note 2 For the ending of forfeiture and penalty orders for serious offences, see—
• s 56 (When conviction forfeiture order ends)
• s 71 (When civil forfeiture order ends)
• s 98 (When penalty order ends).
Note 3 For the ending of automatic forfeiture for serious offences, see s 61.
(3) A reference in table 48 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).
(4) For table 48, item 4, if more than 1 forfeiture or penalty application
is made before the restraining order ends under item 1, 2 or 3, the
restraining order ends at the latest time that it would end if any of
those applications were the only forfeiture or penalty application
(5) 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 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 under this section if there were no
related offences;
(b) the latest time that it would end under this section or section 47
(When restraining order ends—ordinary offences) 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.
(6) The relevant court may, on the application of the DPP while the order
is in force, order that a restraining order ends earlier than otherwise
provided for by this section.
Table 48 Ending of restraining orders—serious offences
item
when restraining order ends
1 an indictment is not presented
against the offender for the offence,
or a forfeiture or penalty application
is not made, 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 the offender is cleared or convicted
of the offence, the restraining order
is made before the offender is
cleared or convicted of the offence,
and no forfeiture or penalty
application is made within 6 months
after the day the offender is cleared
or convicted
following events applies:
(a) end of the 6 month period;
(b) when the automatic
item
when restraining order ends
3 the offender is cleared or convicted
of the offence, the restraining order
is made on the same day as, or after,
the offender is cleared or convicted
of the offence, and no forfeiture or
penalty application is made within
6 months after the day the offender
is cleared or convicted
following events applies:
(a) end of the 6 month period;
(b) when the automatic
4 a forfeiture or penalty application is
made before the restraining order
ends under item 1, 2 or 3
following events applies on or
after the finalisation of the
proceeding in relation to the
application:
penalty order is in force at
the time of the finalisation
of the proceeding—when
the proceeding is finalised;
penalty order is in force at
that time—when the order
ends;
(c) if the offender has been
convicted of the offence—
when the automatic