Criminal Assets Confiscation Act 2005

A restraining order that relates to one or more serious offences ceases to be in force 28 days after—

all charges that relate to the restraining order are withdrawn;

the suspect is acquitted of all serious offences with which the suspect was charged; or

the convictions for the serious offences of which the suspect was convicted are quashed, unless—

there is a confiscation order that relates to the serious offences;

there is an application for a confiscation order that relates to the serious offences before the court; or

there is an application under—

section 64; or

section 83; or

section 125, for confirmation of a forfeiture, or a confiscation order, that relates to the serious offences; or

the suspect is charged with a related offence.

A restraining order relating to property ceases to be in force if, not more than 28 days after the order was made—

the suspect has not been convicted of, or charged with, the serious offence, or at least one serious offence, to which the restraining order relates; and

there is no confiscation order or application for a confiscation order that relates to the property.

A restraining order ceases to be in force in respect of property covered by the restraining order if—

one of the following occurs:

the court refuses an application for a forfeiture order that would have covered the property and—

the time for an appeal against the refusal has expired without an appeal being lodged; or

an appeal against the refusal has lapsed; or

an appeal against the refusal has been dismissed and finally disposed of;

the court excludes the property from a forfeiture order;

a forfeiture order that covers the property is discharged or ceases to have effect;

the court excludes the property under section 76 from forfeiture under

no application is yet to be determined for—

another confiscation order relating to a serious offence to which the restraining order relates; or

another confiscation order relating to a related offence;

no other confiscation order relating to an offence referred to in paragraph (b) is in force.

A restraining order ceases to be in force to the extent that property that it covers vests absolutely in the Crown under this or any other

A restraining order that relates to one or more serious offences ceases to be in force in respect of property covered by the restraining order if—

a pecuniary penalty order or a literary proceeds order relates to the offence or offences; and

one or more of the following occurs:

the pecuniary penalty order or the literary proceeds order is satisfied;

the property is sold or disposed of to satisfy the pecuniary penalty order or literary proceeds order;

the pecuniary penalty order or the literary proceeds order is discharged or ceases to have effect.

Despite subsection (1), if—

a restraining order covers property of a person who is not a suspect; and

the property is an instrument of, but is not proceeds of, a serious offence to which the order relates; and

the property is not subject to the effective control of another person who is a suspect in relation to the order, the restraining order ceases to be in force in respect of that property if the suspect has not been charged with the serious offence or a related offence within 28 days after the restraining order is made.