QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.36Duration of restraining order
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### sec.36 Duration of restraining order
A restraining order is in force for 28 days after it is made.
Despite subsection (1) , a restraining order continues in force after the end of the 28 days if—
before the end of the 28 days, an application for any of the following is made but the application has not been decided—
a forfeiture order for the restrained property;
a proceeds assessment order against the person whose property is restrained under the restraining order;
an unexplained wealth order against the person whose property is restrained under the restraining order; or
there is an unsatisfied proceeds assessment order or unexplained wealth order in force against the person whose suspected serious crime related activities were the basis of the restraining order; or
the order continues in force because of an order of the Supreme Court under section 54 .
s 36 amd 2013 No. 21 s 25
(sec.36-ssec.1) A restraining order is in force for 28 days after it is made.
(sec.36-ssec.2) Despite subsection (1) , a restraining order continues in force after the end of the 28 days if— before the end of the 28 days, an application for any of the following is made but the application has not been decided— a forfeiture order for the restrained property; a proceeds assessment order against the person whose property is restrained under the restraining order; an unexplained wealth order against the person whose property is restrained under the restraining order; or there is an unsatisfied proceeds assessment order or unexplained wealth order in force against the person whose suspected serious crime related activities were the basis of the restraining order; or the order continues in force because of an order of the Supreme Court under section 54 .
- (a) before the end of the 28 days, an application for any of the following is made but the application has not been decided— (i) a forfeiture order for the restrained property; (ii) a proceeds assessment order against the person whose property is restrained under the restraining order; (iii) an unexplained wealth order against the person whose property is restrained under the restraining order; or
- (i) a forfeiture order for the restrained property;
- (ii) a proceeds assessment order against the person whose property is restrained under the restraining order;
- (iii) an unexplained wealth order against the person whose property is restrained under the restraining order; or
- (b) there is an unsatisfied proceeds assessment order or unexplained wealth order in force against the person whose suspected serious crime related activities were the basis of the restraining order; or
- (c) the order continues in force because of an order of the Supreme Court under section 54 .
- (i) a forfeiture order for the restrained property;
- (ii) a proceeds assessment order against the person whose property is restrained under the restraining order;
- (iii) an unexplained wealth order against the person whose property is restrained under the restraining order; or