127Wealth-restraining orders cease to have effect

127 Wealth-restraining orders cease to have effect

[Section 127 Inserted by No. 60 of 2013, s. 12, Applied:01 Mar 2014]

(1)  If a wealth-restraining order has been made on the ground that an application had been made, or was to be made, for a document production order or an unexplained wealth declaration, the wealth-restraining order ceases to have effect if –

(a) within 21 days from the making of the wealth-restraining order, an application has not been made for the document production order or the unexplained wealth declaration; or

(b) the application for the document production order or the unexplained wealth declaration is withdrawn for any reason; or

(c) the application for the document production order or unexplained wealth declaration is finally determined but a document production order or unexplained wealth declaration is not made as a result of the application; or

(d) in the case where an unexplained wealth declaration is made, the respondent has satisfied his or her unexplained wealth liability under the unexplained wealth declaration, whether or not all or any of the restrained property was transferred to, or vested in, the State to satisfy the liability.

(2)  A wealth-restraining order also ceases to have effect in respect of property –

(a) if the wealth-restraining order is set aside under Division 4 ; or

(b) if that property is forfeited to the State under Subdivision 3 of Division 6 .

(3)  If a wealth-restraining order ceases to have effect, the DPP is to ensure that –

(a) notice that the wealth-restraining order has ceased to have effect is served personally, as soon as practicable, on each person on whom a copy of the wealth-restraining order was served under section 122 ; and

(b) any property that is being retained under section 115 is returned to the person from whom it was taken unless it is to be otherwise dealt with under this Act or another Act; and