(3) Rules of Court may provide for the manner in which an application under subsection (1) may be made.
(4) To avoid doubt, any defence that is available to a person who is prosecuted for a Part 2 offence, or serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13, is also available to the individual in any proceedings under this section for the same act.
(5) A reference in subsection (1) to involvement in a serious offence associated with an organised criminal group includes involvement at any time (whether before, on or after the date of commencement of this section) in a serious offence associated with an organised criminal group.
Duration of FRO
22.—(1) An FRO—
- (a) comes into force when it is made; and
- (b) has effect for the period specified in the order, beginning with the date on which it is made.
(2) If the FRO is made under section 21(1), the period referred to in subsection (1)(b) must not exceed 5 years.
(3) If the FRO is made under section 21(2), the period referred to in subsection (1)(b) must not exceed a period equal to the sentence of imprisonment imposed by the court for the offence referred to in section 21(2) plus 5 years.
(4) The fact that an FRO ceases to be in force does not prevent the court which first made the FRO from making a new FRO to the same or similar effect.
(5) A new FRO may be made in anticipation of an earlier FRO ceasing to be in force.
