QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.54Effect of dismissal of particular applications on restraining order
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### sec.54 Effect of dismissal of particular applications on restraining order
This section applies if, while a restraining order is in force over property, the Supreme Court dismisses an application for—
a forfeiture order for the property; or
a proceeds assessment order against the person whose property is restrained under the restraining order; or
an unexplained wealth order against the person whose property is restrained under the restraining order.
The Supreme Court may—
if the court considers it appropriate, make an order extending the operation of the restraining order for a stated period or in stated circumstances; or
make another order the court considers appropriate about the operation of the restraining order.
An order under subsection (2) may be made to take effect immediately, at a stated time, or when a stated event happens.
s 54 amd 2013 No. 21 s 28
(sec.54-ssec.1) This section applies if, while a restraining order is in force over property, the Supreme Court dismisses an application for— a forfeiture order for the property; or a proceeds assessment order against the person whose property is restrained under the restraining order; or an unexplained wealth order against the person whose property is restrained under the restraining order.
(sec.54-ssec.2) The Supreme Court may— if the court considers it appropriate, make an order extending the operation of the restraining order for a stated period or in stated circumstances; or make another order the court considers appropriate about the operation of the restraining order.
(sec.54-ssec.3) An order under subsection (2) may be made to take effect immediately, at a stated time, or when a stated event happens.
- (a) a forfeiture order for the property; or
- (b) a proceeds assessment order against the person whose property is restrained under the restraining order; or
- (c) an unexplained wealth order against the person whose property is restrained under the restraining order.
- (a) if the court considers it appropriate, make an order extending the operation of the restraining order for a stated period or in stated circumstances; or
- (b) make another order the court considers appropriate about the operation of the restraining order.