The Full Court of the South Australian Supreme Court, in Zheng v Commissioner of the AFP [2019] SASCFC 157 (Parker J, Kourakis CJ and Kelly J agreeing) has determined that the Full Court’s earlier decision in Ruzehaji v Commissioner of Australian Federal Police (2015) 124 SASR 355, which suggested that the 28 day period within which to make a revocation application under s.42 of the Proceeds of Crime Act 2002 could be extended, was wrongly decided.
At [152], Parker J stated:
For that reason, the finding by the Full Court in Ruzehaji that the time limit in s 42(1A) could be extended under s 48 of the Limitation Act was not correct. The plaintiffs accept that in this respect the Full Court erred in Ruzehaji. Furthermore, as the Solicitor-General for the Commonwealth has correctly submitted, because the proposition was assumed by the Court to be correct, the decision in Ruzehaji is not authority that s 48 of the Limitation Act is available to extend the time limits otherwise imposed by s 42(1A).
It follows that practitioners ought to ensure that any applications for revocation (or applications to extend the 28 day period) are filed within 28 days of the date a restraining order is made. If not, there is no ability to extend the time.
