Section 400.9(1) of the Criminal Code is validly supported by both the external affairs power (s 51(xxix)) and the banking power (s 51(xiii)) of the Constitution. The time limit in s 42(1A) of the Proceeds of Crime Act 2002 (Cth) cannot be extended under s 48 of the Limitation of Actions Act 1936 (SA), departing from the assumption in Ruzehaji. However, s 42(1A) is not constitutionally invalid because the court retains discretion over ex parte proceedings under s 26(5), restraining orders are interlocutory, and judicial review of restraining orders remains available outside the s 42 mechanism.
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