NSWIn ForceAct
Confiscation of Proceeds of Crime Act 1989
42QEffect of other orders on freezing notices
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#### 42Q Effect of other orders on freezing notices
42Q Effect of other orders on freezing notices
> > (1) If, while a freezing notice in respect of property is in force, a court makes a forfeiture order in respect of the property or makes a pecuniary penalty order or a drug proceeds order against the defendant subject to the notice, the court or an appropriate court may—
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> > > (a) if it considers it appropriate, make an order setting aside the freezing notice in respect of the whole or a specified part of the property, and
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> > > (b) make any other order or orders it considers appropriate in relation to the operation of the freezing notice.
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> > (2) If, while a freezing notice in respect of property is in force, a court refuses to make a forfeiture order in respect of the property or refuses to make a pecuniary penalty order or drug proceeds order against the defendant, the court or an appropriate court may—
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> > > (a) if it considers it appropriate, make an order in relation to the period for which the freezing notice is to remain in force, and
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> > > (b) make any other order or orders it considers appropriate in relation to the operation of the freezing notice.
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> > (3) An order under this section may—
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> > > (a) set aside the freezing notice wholly or in part, or
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> > > (b) take effect—
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> > > > (i) on the making of the forfeiture order, pecuniary penalty order or drug proceeds order, or
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> > > > (ii) at a specified time, or
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> > > > (iii) if relevant, on the payment of a penalty amount to the State, or
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> > > > (iv) on the happening of some other specified event.
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> **ss 42N–42S:** Ins 2005 No 73, Sch 1 \[34\].