Section 46Part 2 — The Financial Reporting Authority
Application, discharge and variation
←→ Navigate · Click subsection badges to collapse · Press ? for help
A restraint order —
may be made only on an application by the Director of Public Prosecutions;
may be made on an ex parte application to a judge in chambers;
shall provide for notice to be given to persons affected by the order;
may be discharged or varied in relation to any property; and
shall be discharged when proceedings for the offence are concluded.
An application for the discharge or variation of a restraint order may be made by any person affected by it and, for the purpose of clarification, it is declared that once proceedings are concluded, the order shall stand discharged but without prejudice to the effect of the decision made upon the conclusion of the matter.
Where the condition in section 44 , which was satisfied , was that proceedings were started or an application was made, the court shall discharge the order on the conclusion of the proceedings or of the application, as the case may be.
Where the condition in section 44 which was satisfied was that an investigation was started or an application was to be made, the court shall discha rge the order if within a reasonable time proceedings for the offence are not started or the application is not made, as the case may be.