42QEffect of other orders on freezing notices

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—

(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

(b) make any other order or orders it considers appropriate in relation to the operation of the freezing notice.

(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—

(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

(b) make any other order or orders it considers appropriate in relation to the operation of the freezing notice.

(3) An order under this section may—

(a) set aside the freezing notice wholly or in part, or

(b) take effect—

(i) on the making of the forfeiture order, pecuniary penalty order or drug proceeds order, or

(ii) at a specified time, or

(iii) if relevant, on the payment of a penalty amount to the State, or

(iv) on the happening of some other specified event.

ss 42N–42S: Ins 2005 No 73, Sch 1 [34].