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s 40AE

When restraining order ceases to be in force

In force
Part 4Other forms of assistance to a Tribunal
Division 6Identification, tracing, and freezing or seizure, of proceeds of Tribunal offences
Subdivision BRestraining orders

40AE When restraining order ceases to be in force

(1)

If, at the end of the period of 1 month after the making of a restraining order in reliance on the proposed charging of a person with a Tribunal offence, the person has not been charged with the Tribunal offence or a related Tribunal offence, the order ceases to be in force at the end of that period.

(2)

If:

(a)

a restraining order is made in reliance on a person’s conviction of a Tribunal offence or the charging of a person with such an offence; or

(b)

a restraining order is made in reliance on the proposed charging of a person with a Tribunal offence and the person is, within 1 month after the making of the order, charged with the Tribunal offence or a related Tribunal offence;

the following provisions have effect:

(c)

if the charge is withdrawn and the person is not charged with a related Tribunal offence within 28 days after the day the charge is withdrawn, the restraining order ceases to be in force at the end of that period;

(d)

if the person is acquitted of the charge and the person is not charged with a related Tribunal offence within 28 days after the day the acquittal occurs, the restraining order ceases to be in force at the end of that period;

(e)

if some or all of the property subject to the restraining order is forfeited under Part 6, the restraining order, to the extent to which it relates to that property, ceases to be in force when that property is forfeited;

(f)

the restraining order ceases to be in force if and when it is revoked.

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