(b) an unexplained wealth restraining order. (2) If a restraining order under this Part made for the purposes of section 15(1)(a), (b) or (c) and a civil forfeiture restraining order or an unexplained wealth restraining order (or both) apply in relation to the same property or interest in property, the restraining order under this Part, to the extent that it applies to that property or interest in property, remains in operation until the earliest of the following— (a) the property being able to be disposed of in accordance with section 44(2) because a civil forfeiture order under Division 2 of Part 4 has been made in relation to the property or interest in property; (b) the property being able to be disposed of in accordance with section 44(2) because unexplained wealth forfeiture of the property or interest in property has occurred under section 40ZA; (c) the restraining order ceasing to operate or being set aside in whole or in relation to the property or interest in property under section 27; (d) the property or interest in property being excluded from the operation of the restraining order by an exclusion order. 16 Application for restraining order (1) If a person has been, or within the next 48 hours S. 16(1) substituted by will be, charged with or has been convicted of a No. 87/2004 Schedule 1 offence— s. 8(1), amended by No. 68/2009 (a) the DPP may apply, without notice, to any s. 97(Sch. court; or item 23.15).
(b) an unexplained wealth restraining order. (2) If a restraining order under this Part made for the purposes of section 15(1)(a), (b) or (c) and a civil forfeiture restraining order or an unexplained wealth restraining order (or both) apply in relation to the same property or interest in property, the restraining order under this Part, to the extent that it applies to that property or interest in property, remains in operation until the earliest of the following— (a) the property being able to be disposed of in accordance with section 44(2) because a civil forfeiture order under Division 2 of Part 4 has been made in relation to the property or interest in property; (b) the property being able to be disposed of in accordance with section 44(2) because unexplained wealth forfeiture of the property or interest in property has occurred under section 40ZA; (c) the restraining order ceasing to operate or being set aside in whole or in relation to the property or interest in property under section 27; (d) the property or interest in property being excluded from the operation of the restraining order by an exclusion order. 16 Application for restraining order S. 16(1) substituted by No. 87/2004 s. 8(1), amended by No. 68/2009 s. 97(Sch. item 23.15). (1) If a person has been, or within the next 48 hours will be, charged with or has been convicted of a Schedule 1 offence— (a) the DPP may apply, without notice, to any court; or
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