Director of Public Prosecutions (Cth) v Chan

The Director of Public Prosecutions (Cth) applied to the Court of Appeal of New South Wales for an extension of the waiting period under the *Proceeds of Crime Act 1987* (Cth) concerning a restraining order. The application for extension was made within the initial six-month waiting period, but the hearing of that application occurred after the expiry of that period. The central dispute concerned whether the court retained the power to grant an extension of the waiting period even if the application was not heard and determined within the original six-month timeframe.

The primary legal issue before the Court of Appeal was the proper construction of section 11(2) of the *Proceeds of Crime Act 1987* (Cth), which provided for the extension of the waiting period. Specifically, the court had to determine whether the power to extend the waiting period was exhausted once the initial six-month period expired, or if it remained operative until the application for extension was itself determined.

The Court of Appeal, comprising Meagher, Powell and Heydon JJA, reasoned that the power to extend the waiting period under section 11(2) was not limited by the expiry of the initial six-month period. The court held that the statutory language indicated that the power to extend the waiting period operated until the application for extension was determined by the court. Therefore, an application made within the six-month period could validly be heard and determined after its expiry. The appeal was dismissed with costs.