CTHIn ForceAct
Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002
6CInterpretive provisions relating to proceeds of crime orders
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##### 6C Interpretive provisions relating to proceeds of crime orders
When property is covered by a restraining order or a forfeiture order
(1) For the purposes of this Act, property is covered by a restraining order or a forfeiture order during the period:
(a) starting when the order comes into force in relation to the property; and
(b) ending when the earliest of the following occurs:
(i) the order ceases to be in force;
(ii) a court excludes the property from the order;
(iii) if the order is a restraining order—a court excludes the property from forfeiture that would or may result from conviction for an offence.
Satisfaction of pecuniary penalty orders
(2) Without limiting the circumstances in which a pecuniary penalty order ceases to be in force, a pecuniary penalty order ceases to be in force if it is satisfied.
When applications for proceeds of crime orders are finally determined
(3) For the purposes of this Act, an application for a proceeds of crime order is taken to be finally determined when:
(a) the application is withdrawn; or
(b) if the application is successful—the resulting proceeds of crime order comes into force; or
(c) if the application is unsuccessful—the time within which an appeal can be made has expired and any appeals have been finally determined or otherwise disposed of.
6 Paragraph 40(1)(hd)
Omit “or 185Q”, substitute “, 185Q or 185QA”.
7 At the end of subsection 58(1)
Add:
> Note: This subsection has a limited application if there are orders in force under the proceeds of crime law: see section 58A.
Note: The heading to section 58 is altered by adding at the end “—general rule”.
8 Subsection 58(5A)
Omit all the words from and including “bankrupt under”, substitute:
bankrupt under:
(a) a maintenance agreement; or
(b) a maintenance order;
whether entered into or made, as the case may be, before or after the commencement of this subsection.
9 After section 58
Insert: