(2) If this subsection applies, the order or application is not affected by the criminal proceedings, even if—
- (a) the subject is acquitted, or is acquitted on appeal; or
- (b) the President grants a pardon in respect of the subject's conviction.
Evidence obtained in investigations may be used in proceedings under this Part
54. To avoid doubt, any book, document, statement or other information obtained in the exercise of any power under this Act or any other written law is not inadmissible in any proceedings under this Part by reason only that it was first obtained in the exercise of that power; and the admissibility of such matter is to be determined in accordance with the rules of evidence under any written law and any relevant rules of law.
Confiscation order not affected by CDSA confiscation order
55. A confiscation order is not affected by an application for or the making of a confiscation order under the CDSA in relation to the same subject and organised crime activity.
Division 2—Restraint orders and charging orders
Application for restraint or charging order
56. A restraint order or charging order—
- (a) may be made only on an application by the Public Prosecutor;
- (b) must be made to the Court and may be made on an ex parte application to a Judge in chambers; and
- (c) must provide for notice to be given to persons affected by the order.
Restraint orders
57.—(1) The Court, when hearing an application for a restraint order, may, if it has reasonable grounds to believe that the subject has carried out organised crime activity within the statutory period, make
