QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.235Effect of filing interstate restraining order
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### sec.235 Effect of filing interstate restraining order
An interstate restraining order that is filed under this chapter is taken for this Act to be a restraining order made under this Act until—
it ceases to be in force in the State in which it was made; or
its filing is cancelled under this Act.
However—
a condition may not be imposed on the restraining order under this Act; and
the public trustee can not be directed under this Act to take control of the property; and
notice of the making of the restraining order is not required to be given under this Act; and
a person may not apply to a court for, and a court may not make, an order under this Act excluding the property from the interstate restraining order; and
a person may not apply for, and the Supreme Court may not make, an order under this Act that the property be sold; and
a court may not make any other orders in relation to the restrained property; and
the duration of the restraining order must not be decided under this Act; and
the property is not charged in favour of the State; and
the public trustee may not apply under chapter 6 , part 1 , division 1 for orders about satisfying a person’s liability under this Act; and
an appeal does not lie against the order under this Act.
Subsection (2) (h) is subject to section 237 .
(sec.235-ssec.1) An interstate restraining order that is filed under this chapter is taken for this Act to be a restraining order made under this Act until— it ceases to be in force in the State in which it was made; or its filing is cancelled under this Act.
(sec.235-ssec.2) However— a condition may not be imposed on the restraining order under this Act; and the public trustee can not be directed under this Act to take control of the property; and notice of the making of the restraining order is not required to be given under this Act; and a person may not apply to a court for, and a court may not make, an order under this Act excluding the property from the interstate restraining order; and a person may not apply for, and the Supreme Court may not make, an order under this Act that the property be sold; and a court may not make any other orders in relation to the restrained property; and the duration of the restraining order must not be decided under this Act; and the property is not charged in favour of the State; and the public trustee may not apply under chapter 6 , part 1 , division 1 for orders about satisfying a person’s liability under this Act; and an appeal does not lie against the order under this Act.
(sec.235-ssec.3) Subsection (2) (h) is subject to section 237 .
- (a) it ceases to be in force in the State in which it was made; or
- (b) its filing is cancelled under this Act.
- (a) a condition may not be imposed on the restraining order under this Act; and
- (b) the public trustee can not be directed under this Act to take control of the property; and
- (c) notice of the making of the restraining order is not required to be given under this Act; and
- (d) a person may not apply to a court for, and a court may not make, an order under this Act excluding the property from the interstate restraining order; and
- (e) a person may not apply for, and the Supreme Court may not make, an order under this Act that the property be sold; and
- (f) a court may not make any other orders in relation to the restrained property; and
- (g) the duration of the restraining order must not be decided under this Act; and
- (h) the property is not charged in favour of the State; and
- (i) the public trustee may not apply under chapter 6 , part 1 , division 1 for orders about satisfying a person’s liability under this Act; and
- (j) an appeal does not lie against the order under this Act.