Crimes Legislation Amendment Act (No. 2) 1991 (Cth)

Crimes Legislation Amendment Act (No. 2) 1991 No. 123 of 1991 TABLE OF PROVISIONS PART 1—INTRODUCTORY Section 1. Short title 2. Commencement PART 2—AMENDMENTS OF THE AUSTRALIAN FEDERAL POLICE ACT 1979 3. Principal Act 4. Functions 5. End of appointments 6. Application for superannuation order: evidence 7. Notice of application for restraining order 8. Insertion of new section: 49ea. Extension of certain restraining orders 9. Transitional 10. Ancillary orders PART 3—AMENDMENTS OF THE CASH TRANSACTION REPORTS ACT 1988 11. Principal Act 12. Reports of suspect transactions 13. Insertion of new section: 17a. Inspection of identifying systems etc. 14. Cash dealer to keep documents 15. Access to CTR information 16. Failure to provide information 17. Questioning and search powers 18. Functions of Director 19. Insertion of new section: 40b. Annual Report TABLE OF PROVISIONS—continued Section PART 4—AMENDMENTS OF THE CRIMES ACT 1914 20. Principal Act 21. Insertion of new sections: 22. Conditions etc. that a court may impose on certain offenders 22a. State orders relating to passports 22. Further amendments PART 5—AMENDMENTS OF THE CRIMES (SUPERANNUATION BENEFITS) ACT 1989 23. Principal Act 24. Application for superannuation order: evidence 25. Notice of application for restraining order 26. Insertion of new section: 28a. Extension of certain restraining orders 27. Transitional 28. Ancillary orders PART 6—AMENDMENTS OF THE CUSTOMS ACT 1901 29. Principal Act 30. Court may make restraining order against property 31. Court may make further orders PART 7—AMENDMENTS OF THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 32. Principal Act 33. Application of Act 34. Insertion of new Part: PART VIa—CTR INFORMATION 37a. Requests for CTR information PART 8—AMENDMENTS OF THE NATIONAL CRIME AUTHORITY ACT 1984 35. Principal Act 36. Interpretation 37. Establishment and constitution of Authority PART 9—AMENDMENT OF THE PASSPORTS ACT 1938 38. Principal Act 39. Passports not to be issued to certain persons PART 10—AMENDMENTS OF THE PROCEEDS OF CRIME ACT 1987 40. Principal Act 41. Procedure on application 42. Assessment of pecuniary penalty 43. Forfeiture of all restrained property if person convicted of serious offence 44. Restraining orders 45. Notice of application for restraining order 46. Insertion of new section: 45a. Extension of certain restraining orders 47. Transitional 48. Court may make further orders 49. When restraining order ceases to be in force 50. Production orders 51. State and Territory courts to have jurisdiction SCHEDULE FURTHER AMENDMENTS OF THE CRIMES ACT 1914 Crimes Legislation Amendment Act (No. 2) 1991 No. 123 of 1991 An Act to amend certain Acts in relation to criminal and law enforcement matters, and for related purposes [Assented to 23 August 1991] The Parliament of Australia enacts: PART 1—INTRODUCTORY Short title 1. This Act may be cited as the Crimes Legislation Amendment Act (No. 2) 1991. Commencement 2. (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent. (2) Sections 5 to 10 (inclusive), Parts 3, 4, 5, 6, 7 and 9 and sections 40 to 50 (inclusive) commence 28 days after the day on which this Act receives the Royal Assent. (3) Subject to subsections (4) and (5), section 51 and Part 8 commence on a day or days to be fixed by Proclamation. (4) If the commencement of Part 8 is not fixed by a Proclamation published in the Gazette within the period of 6 months beginning on the day on which this Act receives the Royal Assent, the Part is repealed on the first day after the end of that period. (5) If section 51 does not commence under subsection (3) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period. PART 2—AMENDMENTS OF THE AUSTRALIAN FEDERAL POLICE ACT 1979 Principal Act 3. In this Part, "Principal Act" means the Australian Federal Police Act 19791. Functions 4. Section 8 of the Principal Act is amended: (a) by omitting from subsection (1) "The functions" and substituting "Subject to subsection (2c), the functions"; (b) by omitting from subsection (2a) "for the protection of witnesses, and," and substituting "for the protection, in the circumstances and subject to the conditions specified in the arrangements, of such of the following as are so specified: (e) witnesses; (f) people who, because of their relationship to, or association with, a witness need, or may need, such protection; (g) any other people who, for any other reason, need, or may need, such protection; and,"; (c) by inserting after subsection (2b) the following subsection: "(2c) The functions of the Australian Federal Police do not include the provision of services under arrangements entered into under subsection (2a) in relation to offences against a law of a State, unless the provision of such services in relation to those offences is authorised to the extent necessary, whether by enactment or otherwise: (a) by that State; or (b) if that State is different from the State in which the services are provided—by both of those States.". End of appointments 5. Section 26e of the Principal Act is amended: (a) by inserting after subsection (1) the following subsection: "(1a) Where a determination is not made under subsection (1) in relation to a member or staff member, the Commissioner may determine, in writing, that, subject to any conditions specified in the determination, if the member or staff member is retired under paragraph (2) (b) before the end of the term of appointment, the member or staff member is entitled to the compensation specified in, or worked out under, the determination."; (b) by omitting from paragraph (2) (b) "the person who made the appointment" and substituting "the Commissioner"; (c) by omitting from subsection (3) "A person" and substituting "The Commissioner". Application for superannuation order: evidence 6. (1) Section 45a of the Principal Act is amended by adding at the end of subsection (1) "and to the evidence given in any such proceedings". (2) The amendment made by subsection (1) applies in relation to an application made under subsection 45 (1) of the Principal Act after the commencement of this section in respect of a person's conviction of an offence, whether the person was convicted before or after the commencement. Notice of application for restraining order 7. Section 49e of the Principal Act is amended: (a) by omitting from subsection (2) "subsection (3)" and substituting "section 49ea"; (b) by omitting subsections (3) and (4). 8. After section 49e of the Principal Act the following section is inserted: Extension of certain restraining orders "49ea. (1) Subject to subsection (2), the court may, on application made by the DPP before the end of the period mentioned in subsection 49e (2), extend the period of operation of a restraining order made in reliance on that subsection. "(2) Subsections 49d (1), (2), (3) and (5) apply, with the necessary changes made, to the extension of the period of operation of a restraining order made in reliance on subsection 49e (2) in the same way as they apply to the making of a restraining order. "(3) The DPP must give written notice of an application under subsection (1) for the extension of a restraining order to: (a) the owner of the property against which the restraining order was made; and (b) any other person who the DPP has reason to believe may have an interest in the property.". Transitional 9. The amendments made by sections 7 and 8 do not apply to an application made under subsection 49e (3) of the Principal Act before the commencement of this section. Ancillary orders 10. (1) Section 49j of the Principal Act is amended by omitting paragraph (1) (c) and substituting the following paragraph: "(c) an order for the examination on oath before the court or the Registrar of the court of any person, including: (i) the owner of property subject to the restraining order (in this paragraph called the 'owner'); or (ii) the defendant; about the affairs (including the nature and location of any property) of: (iii) anyone else who is either the owner or the defendant, or both; and (iv) if the person to be examined is either the owner or the defendant, or both—that person; and". (2) An ancillary order may be made under paragraph 49j (1) (c), as amended by this Act, in relation to restraining orders whether made before or after the commencement of this section. PART 3—AMENDMENTS OF THE CASH TRANSACTION REPORTS ACT 1988 Principal Act 11. In this Part, "Principal Act" means the Cash Transaction Reports Act 19882. Reports of suspect transactions 12. Section 16 of the Principal Act is amended: (a) by omitting from subsection (5) everything after "in relation to" and substituting: "any action by the cash dealer or person taken: (c) under this section; or (d) in the mistaken belief that such action was required under this section."; (b) by inserting after subsection (5) the following subsections: "(5a) Where a cash dealer communicates to the Director, under subsection (1), information about the cash dealer's suspicion in relation to a transaction to which the cash dealer is a party, the cash dealer must not, unless required to do so under this Act or any other Act, disclose to anyone else: (a) that the cash dealer has formed the suspicion; or (b) that information has been communicated to the Director; or (c) any other information from which the person to whom the information is disclosed could reasonably be expected to infer that the suspicion had been formed or that the first-mentioned information had been communicated. "(5b) A cash dealer who contravenes subsection (5a) is guilty of an offence punishable on conviction by a fine not exceeding $5,000 or imprisonment for a term not exceeding 2 years, or both. "(5c) Subsection (5a) does not prevent a cash dealer from communicating or disclosing to any court any information, or matter, referred to in that subsection.". 13. After section 17 of the Principal Act, the following section is inserted in Part II: Inspection of identifying systems etc. "17a. (1) The Director may, by written notice to a cash dealer, require the dealer to give the authorised officer specified in the notice access to the dealer's premises so specified on the day and during the hours so specified. "(2) The hours specified in a notice must occur during the cash dealer's normal business hours. "(3) A cash dealer must comply with a notice. "(4) Where an authorised officer is given access to premises under a notice, the officer may, for the purposes of monitoring the cash dealer's compliance with section 16, inspect any system that may be used by the dealer at those premises for identifying and recording transactions that are, or might be, covered by subsection 16 (1) and any records that' may be kept on, or may be accessible from, the premises relating to such transactions.". Cash dealer to keep documents 14. Section 23 of the Principal Act is amended: (a) by inserting in subsection (1a) "or a copy of it" after "retain the record"; (b) by inserting in paragraphs (2) (a) and (b) "or a copy of it" after "retain the record"; (c) by omitting from paragraph (2) (ba) ", together with any record" and substituting "or a copy of it, together with any record, or copy of any record,"; (d) by inserting in paragraph (2) (c) "or a copy of it" after "retain the record". Access to CTR information 15. Section 27 of the Principal Act is amended: (a) by adding at the end of paragraph (1) (a) "and"; (b) by adding at the end of subsection (1) the following word and paragraph: "and (d) the Attorney-General is entitled to access to CTR information for the purpose of dealing with a request made by a foreign country to which the Mutual Assistance in Criminal Matters Act 1987 applies because of regulations made under subsection 7 (2a) of that Act."; (c) by inserting after subsection (3) the following subsection: "(3a) Where the Attorney-General: (a) is given access to CTR information under section 37a of the Mutual Assistance in Criminal Matters Act 1987; and (b) is satisfied that the foreign country requesting the information has given appropriate undertakings for protecting the confidentiality of the information, and for controlling the use that will be made of it; the Attorney-General may communicate that information to the foreign country."; (d) by omitting from subsection (16) everything after "included" and substituting: "a reference to: (a) the Police Force of a State; and (b) the New South Wales Crime Commission; and (c) the Independent Commission Against Corruption of New South Wales; and (d) the Criminal Justice Commission of Queensland."; (e) by omitting from paragraph (17) (e) "and"; (f) by adding at the end of subsection (17) the following paragraphs: "(g) the Commissioner for the Independent Commission Against Corruption of New South Wales; (h) the Assistant Commissioner for that Commission; (i) a member of staff of that Commission; (j) Counsel appointed to assist that Commission; (k) the Chairman of the Criminal Justice Commission of Queensland; (l) a member of that Commission; and (m) an officer of that Commission.". Failure to provide information 16. Section 28 of the Principal Act is amended by adding at the end of paragraph (1) (b) "or 17a (1)". Questioning and search powers 17. Section 33 of the Principal Act is amended by omitting from subsection (3a) "section 196" and substituting "section 219za". Functions of Director 18. Section 38 of the Principal Act is amended: (a) by omitting from paragraph (1) (c) "and"; (b) by adding at the end of subsection (1) the following word and paragraph: "and (e) to issue guidelines to cash dealers about their obligations under this Act and the regulations.". 19. After section 40a of the Principal Act the following section is inserted in Part VI: Annual Report "40b. The Director must, as soon as practicable after 30 June in each year, prepare, and give the Minister, a report of the Agency's operations during the year that ended on that day.". PART 4—AMENDMENTS OF THE CRIMES ACT 1914 Principal Act 20. In this Part, "Principal Act" means the Crimes Act 19143. 21. After section 21f of the Principal Act the following sections are inserted in Division 10 of Part 1b: Conditions etc. that a court may impose on certain offenders "22. (1) Where a court makes a relevant order or passes a relevant sentence in respect of a person charged with, or convicted of: (a) an offence against a law of the Commonwealth or of a Territory, being an offence that is a serious narcotics offence; or (b) a prescribed offence against a law of the Commonwealth or of a Territory; it may, at the same time or at a later time, order the person to do all or any of the following things: (c) to remain in Australia; (d) to refrain from applying for, or obtaining, an Australian passport; (e) to surrender possession of any Australian passport held by the person. "(2) Subject to subsection (3), an order made under subsection (1) has effect during such reasonable period as is specified by the court in the order. "(3) The court may, by order, revoke an order made under subsection (1) or vary such an order as the court sees fit. "(4) If the court makes an order under subsection (1) or (3), the Registrar or other appropriate officer of the court, as the case requires, must, as soon as practicable, give to the Secretary to the Department administering the Passports Act 1938 a copy of the order. "(5) If the court makes an order under paragraph (1) (e): (a) the passport must be given to the Registrar or other appropriate officer of the court; and (b) the Registrar or officer must cause the passport to be kept in such custody as he or she thinks fit until: (i) the passport is required to be released under subsection (6); or (ii) the passport is cancelled or expires; whichever happens first. "(6) If a passport surrendered under an order under paragraph (1) (e) is in force when that order ceases to have effect, the person having the custody of the passport at that time must, on the application of the person to whom it was issued, cause it to be returned to that person. "(7) In this section: 'relevant order' means an order: (a) remanding a person, whether on bail or in custody; or (b) suspending the sentence passed on a person upon his or her entering into a recognizance; or (c) releasing the person on conditions under subsection 20 (1); 'relevant sentence' means: (a) a sentence of imprisonment other than a suspended sentence; or (b) a sentence under section 20ab; 'serious narcotics offence' has the same meaning as in section 7 of the Proceeds of Crime Act 1987. State orders relating to passports "22a. (1) If, under a law of a State, a court makes an order requiring a person charged with, or convicted of: (a) a serious narcotics offence against a law of that State; or (b) such other serious offence against a law of that State as is specified in the first-mentioned law; to surrender possession of any Australian passport held by the person, the person must surrender the passport to the Registrar, or other appropriate officer, of the court to be dealt with in accordance with that law. "(2) In this section: 'serious narcotics offence' has the same meaning as in section 7 of the Proceeds of Crime Act 1987". Further amendments 22. The Principal Act is further amended as set out in the Schedule. PART 5—AMENDMENTS OF THE CRIMES (SUPERANNUATION BENEFITS) ACT 1989 Principal Act 23. In this Part, "Principal Act" means the Crimes (Superannuation Benefits) Act 19894. Application for superannuation order: evidence 24. (1) Section 18 of the Principal Act is amended by adding at the end of subsection (1) "and to the evidence given in any such proceedings". (2) The amendment made by subsection (1) applies in relation to an application made under subsection 17 (1) of the Principal Act after the commencement of this section in respect of a person's conviction of an offence, whether the person was convicted before or after the commencement. Notice of application for restraining order 25. Section 28 of the Principal Act is amended: (a) by omitting from subsection (2) "subsection (3)" and substituting "section 28a"; (b) by omitting subsections (3) and (4). 26. After section 28 of the Principal Act the following section is inserted: Extension of certain restraining orders "28a. (1) Subject to subsection (2), the court may, on application made by the DPP before the end of the period mentioned in subsection 28 (2), extend the period of effect of a restraining order made in reliance on that subsection. "(2) Subsections 27 (1), (2) and (3) apply, with the necessary changes made, to the extension of the period of operation of a restraining order made in reliance on subsection 28 (2) in the same way as they apply to the making of a restraining order. "(3) The DPP must give written notice of an application under subsection (1) for the extension of the period of effect of a restraining order to: (a) the owner of the property against which the restraining order was made; and (b) any other person who the DPP has reason to believe may have an interest in the property.". Transitional 27. The amendments made by sections 25 and 26 do not apply to an application made under subsection 28 (3) of the Principal Act before the commencement of this section. Ancillary orders 28. (1) Section 32 of the Principal Act is amended by omitting paragraph (1) (c) and substituting the following paragraph: "(c) an order for the examination on oath before the court or the Registrar of the court of any person, including: (i) the owner of property subject to the restraining order (in this paragraph called the 'owner'); or (ii) the defendant; about the affairs (including the nature and location of any property) of: (iii) anyone else who is either the owner or the defendant, or both; and (iv) if the person to be examined is either the owner or the defendant, or both—that person; and". (2) The amendment made by subsection (1) applies in relation to restraining orders made before or after the commencement of this section. PART 6—AMENDMENTS OF THE CUSTOMS ACT 1901 Principal Act 29. In this Part, "Principal Act" means the Customs Act 19015. Court may make restraining order against property 30. Section 243e of the Principal Act is amended: (a) by inserting in subsection (1) "one or more of the following" after "against"; (b) by omitting paragraph (1) (c); (c) by omitting from paragraph (1) (d) "or". Court may make further orders 31. (1) Section 243f of the Principal Act is amended: (a) by inserting before subsection (1) the following subsection: "(1aa) In this section: 'defendant' has the same meaning as in section 243e."; (b) by omitting subparagraph (1) (d) (ii) and substituting the following subparagraphs: "(ii) if the owner is not the defendant—the defendant; or (iii) if the owner or the defendant is a body corporate—a director of the body corporate specified by the Court;"; (c) by inserting in paragraph (1) (d) "or defendant" after "owner" (last occurring); (d) by omitting paragraph (1) (e) and substituting the following paragraph: "(e) for the examination on oath before the Court or Registrar of the Court of any person, including: (i) the owner; or (ii) the defendant; about the affairs (including the nature and location of any property) of: (iii) anyone else who is either the owner or the defendant, or both; and (iv) if the person to be examined is either the owner or defendant, or both—that person;"; (e) by adding at the end the following subsection: "(5) In proceedings dealing with an application for an order under subsection (1), a witness is not required to answer a question or to produce a document if the Court is satisfied that the answering of the question or the production of the document may prejudice the investigation of, or the prosecution of a person for, an offence.". (2) The amendments made by paragraphs (1) (a), (b), (c) and (d) apply in relation to restraining orders made before or after the commencement of this section. (3) The amendment made by paragraph (1) (e) applies in relation to a witness appearing after the commencement of this section in proceedings dealing with an application for an order under subsection 243f (1), whenever made, in relation to a restraining order existing at, or made after, that commencement. PART 7—AMENDMENTS OF THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 Principal Act 32. In this Part, "Principal Act" means the Mutual Assistance in Criminal Matters Act 19876. Application of Act 33. Section 7 of the Principal Act is amended: (a) by inserting after subsection (2) the following subsection: "(2a) The regulations may make provision to the effect that this Act applies to a specified foreign country in respect of obtaining access, for the purpose of international assistance in criminal matters, to CTR information, subject to such limitations, conditions, exceptions, qualifications or other modifications as are specified in the regulations."; (b) by inserting in subsection (3) "or (2a), or in both of those subsections," after "subsection (2)"; (c) by adding at the end the following subsection: "(4) In this section: 'CTR information' has the same meaning as in the Cash Transaction Reports Act 1988.". 34. After Part VI of the Principal Act the following Part is inserted: "PART VIa—CTR INFORMATION Requests for CTR information "37a. (1) Where a foreign country, being a country to which this Act applies because of regulations made under subsection 7 (2a), asks the Attorney-General to give information to it, the Attorney-General may direct the Director of the Cash Transaction Reports Agency to give the Attorney-General access to such of the information requested as is CTR information, for the purpose of enabling the Attorney-General to deal with the request. "(2) In this section: 'CTR information' has the same meaning as in the Cash Transaction Reports Act 1988.". PART 8—AMENDMENTS OF THE NATIONAL CRIME AUTHORITY ACT 1984 Principal Act 35. In this Part, "Principal Act" means the National Crime Authority Act 19847. Interpretation 36. Section 4 of the Principal Act is amended: (a) by inserting "the Australian Capital Territory and" after "includes" in the definition of "State" in subsection (1); (b) by inserting "the Australian Capital Territory or" after "include" in the definition of "Territory" in subsection (1); (c) by omitting subsection (3) and substituting the following subsection: "(3) In this Act: (a) a reference to the Parliament of a State is to be read as: (i) in relation to the Australian Capital Territory—a reference to the Legislative Assembly of that Territory; and (ii) in relation to the Northern Territory—a reference to the Legislative Assembly of that Territory; and (b) a reference to the Governor of a State is to be read as: (i) in relation to the Australian Capital Territory—a reference to the Governor-General; and (ii) in relation to the Northern Territory—a reference to the Administrator of that Territory; and (c) a reference to the Premier of a State is to be read as: (i) in relation to the Australian Capital Territory—a reference to the Chief Minister of that Territory; and (ii) in relation to the Northern Territory—a reference to the Chief Minister of that Territory; and (d) a reference to a Minister of the Crown of a State is to be read as: (i) in relation to the Australian Capital Territory—a reference to a person appointed as a Minister under section 41 of the Australian Capital Territory (Self-Government) Act 1988; and (ii) in relation to the Northern Territory—a reference to a person holding Ministerial office within the meaning of the Northern Territory (Self-Government) Act 1978". Establishment and constitution of Authority 37. Section 7 of the Principal Act is amended by omitting subparagraph (8) (b) (ii) and substituting the following subparagraph: "(ii) the Minister of the Crown of each participating State who is responsible for: (a) if the State has no Police Force—police affairs in that State; and (b) in every other case—matters relating to the Police Force of that State;". PART 9—AMENDMENT OF THE PASSPORTS ACT 1938 Principal Act 38. In this Part, "Principal Act" means the Passports Act 19388. Passports not to be issued to certain persons 39. Section 7b of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph: "(b) the authorized officer has reason to believe that the person is required to remain in Australia or to refrain from applying for, or obtaining, an Australian passport: (i) by order of a court made under a law of the Commonwealth or of a State or Territory; or (ii) under a condition of parole or of a recognizance, surety or bail bond; or (iii) under a condition specified in a licence granted under section 19ap of the Crimes Act 1914 or in any similar instrument of early release granted or issued under a law of a State or Territory.". PART 10—AMENDMENTS OF THE PROCEEDS OF CRIME ACT 1987 Principal Act 40. In this Part, "Principal Act" means the Proceeds of Crime Act 19879. Procedure on application 41. (1) Section 18 of the Principal Act is amended by adding at the end of subsection (1) "and to the evidence given in any such proceeding". (2) The amendment made by subsection (1) applies in relation to an application made under subsection 14 (1) of the Principal Act after the commencement of this section for a confiscation order in respect of a person's conviction, whether the person was convicted before or after that commencement. Assessment of pecuniary penalty 42. (1) Section 27 of the Principal Act is amended: (a) by inserting in subsection (1) the following definition: " 'insolvency trustee' means: (a) in relation to a bankruptcy—the trustee of the estate of the bankrupt; or (b) in relation to a composition or scheme of arrangement under Division 6 of Part IV of the Bankruptcy Act 1966— the trustee of the composition or scheme of arrangement; or (c) in relation to a deed of assignment, a deed of arrangement or a composition under Part X of the Bankruptcy Act 1966—the trustee of the deed or the composition; or (d) in relation to the estate of a deceased person in respect of which an order has been made under Part XI of the Bankruptcy Act 1966—the trustee of the estate;"; (b) by inserting in subparagraphs (2) (d) (i) and (2) (e) (i) ", during" after "before"; (c) by inserting in paragraph (4) (a) "during or" before "after"; (d) by inserting in paragraph (4) (a) "greatest" before "excess"; (e) by omitting from subsection (9) "the Official Trustee by reason of the person's bankruptcy" and substituting "an insolvency trustee". (2) The amendments made by paragraphs (1) (a) and (e) apply in relation to all assessements made under subsection 27 (2) of the Principal Act after the commencement of this section, whether the application for a pecuniary penalty order was made before or after that commencement. (3) The amendments made by paragraphs (1) (b), (c) and (d) apply only in relation to an application made under section 14 of the Principal Act for a pecuniary penalty order, after the commencement of this section. Forfeiture of all restrained property if person convicted of serious offence 43. (1) Section 30 of the Principal Act is amended by omitting from subsection (8a) "in reliance on a person's conviction of a serious offence, a person" and substituting "in reliance on: (a) a person's conviction of a serious offence; or (b) the charging or proposed charging of a person with such an offence; a person". (2) The amendment made by subsection (1) applies whether the forfeiture occurred, or the restraining order to which the forfeiture relates was made, before or after the commencement of this section. Restraining orders 44. Section 43 of the Principal Act is amended: (a) by inserting in subsection (1) "one or more of the following" after "against"; (b) by omitting paragraph (1) (da); (c) by omitting from paragraph (1) (e) "or". Notice of application for restraining order 45. Section 45 of the Principal Act is amended: (a) by omitting from subsection (2) "subsection (3)" and substituting "section 45a"; (b) by omitting subsections (3) and (4); (c) by omitting from subsection (5) everything from and including "an application for" to the end of paragraph (b) and substituting "an application for a restraining order,".