s. 16 (c) in the case of an application made in reliance S. 16(4)(c) on the proposed charging of the accused with amended by No. 68/2009 an offence, that the accused will be so s. 97(Sch. charged within the next 48 hours; and item 23.16). (d) that— S. 16(4)(d) amended by No. 68/2009 (i) in the case of an application under s. 97(Sch. subsection (1) or (2)—the accused has item 23.16), substituted by an interest in the property or the No. 55/2014 property is tainted property (as the case s. 20(3)(b). may be); and (ii) in the case of an application under subsection (2A)—the accused has an interest in the property; and (e) if the restraining order is being sought for a purpose referred to in paragraph (a), (d) or (e) of section 15(1), that— (i) a forfeiture order may be made in respect of the property; or (ii) a pecuniary penalty order may be made S. 16(4)(e)(ii) amended by against the accused; or No. 68/2009 s. 97(Sch. item 23.16). (iii) an order for restitution or compensation may be made under the Sentencing Act 1991. S. 16(5) (5) An application for a civil forfeiture restraining inserted by order in relation to property or an interest in No. 87/2004 property does not preclude an application under s. 8(4), substituted by this section in relation to the same property or No. 68/2010 interest in property. s. 41(2). S. 16(6) (6) An application under subsection (1), (2) or (2A) in inserted by relation to property or an interest in property may No. 68/2010 s. 7, be made more than once, whether on the same amended by No. 55/2014 s. 20(4).
S. 16(4)(c) amended by No. 68/2009 s. 97(Sch. item 23.16). (c) in the case of an application made in reliance on the proposed charging of the accused with an offence, that the accused will be so charged within the next 48 hours; and S. 16(4)(d) amended by No. 68/2009 s. 97(Sch. item 23.16), substituted by No. 55/2014 s. 20(3)(b). s. 16 (d) that— (i) in the case of an application under subsection (1) or (2)—the accused has an interest in the property or the property is tainted property (as the case may be); and (ii) in the case of an application under subsection (2A)—the accused has an interest in the property; and (e) if the restraining order is being sought for a purpose referred to in paragraph (a), (d) or (e) of section 15(1), that— (i) a forfeiture order may be made in respect of the property; or S. 16(4)(e)(ii) amended by No. 68/2009 s. 97(Sch. item 23.16). (ii) a pecuniary penalty order may be made against the accused; or (iii) an order for restitution or compensation may be made under the Sentencing Act 1991. S. 16(5) inserted by No. 87/2004 s. 8(4), substituted by No. 68/2010 s. 41(2). (5) An application for a civil forfeiture restraining order in relation to property or an interest in property does not preclude an application under this section in relation to the same property or interest in property. S. 16(6) inserted by No. 68/2010 s. 7, amended by No. 55/2014 s. 20(4). (6) An application under subsection (1), (2) or (2A) in relation to property or an interest in property may be made more than once, whether on the same
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