57. Restraint orders

Terms defined in this Act

• Court

  Court

  Defined · s 46

  “Court” means the General Division of the High Court;

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• organised crime activity

  organised crime activity

  Defined · s 46

  “organised crime activity” has the meaning given by section 48;

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• property

  property

  Defined · s 2

  “property” means money and all other property, movable or immovable, including things in action and other intangible or incorporeal property;

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• realisable property

  realisable property

  Defined · s 46

  “realisable property” means —(a)any property held by the subject; and(b)any property held by a person to whom the subject has, directly or indirectly, made a gift caught by this Part;

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• restraint order

  restraint order

  Defined · s 46

  “restraint order” means an order made under section 57(1);

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• statutory period

  statutory period

  Defined · s 46

  “statutory period”, in relation to a confiscation order or an application for a confiscation order, means —(a)if the application for the confiscation order is preceded by a restraint order or charging order (or both) concerning the same subject and organised crime activity, the period of 7 years before the date of application for the restraint order or charging order or, if more than one of those orders were made, the earlier or earliest application for either of those orders; or(b)if the application for the confiscation order is not preceded by a restraint order or charging order concerning the same subject and organised crime activity, the period of 7 years before the date of application for the confiscation order;

  Open s 46