49JAncillary orders

#### 49J Ancillary orders (1) Where an appropriate court makes a restraining order, it may, at the same time or at any later time, make any ancillary orders that it thinks appropriate, for example: (a) an order varying the property to which the restraining order relates; (b) an order varying any condition to which the restraining order is subject; and (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 (d) an order about carrying out any undertaking with respect to the payment of damages or costs given by the Commonwealth in connection with the making of the restraining order. (2) An ancillary order may be made on application by: (a) the DPP; or (b) the owner of property subject to the restraining order; or (c) with the leave of the court—any other person. (3) Where: (a) a defendant has been convicted of, or has been charged or is about to be charged with, an offence; and (b) an appropriate court makes a restraining order against property in reliance on the conviction, charging or proposed charging; and (c) a person, other than the defendant, who has an interest in the property applies to the court for a variation of the order to exclude the person’s interest from the order; the court must grant the application if satisfied that the applicant’s interest in the property is not subject to the effective control of the defendant. (4) Where a person is examined before a court or a registrar under an order under subsection (1), the person is not excused from answering a question when required to do so by the court or registrar, as the case may be, on the ground that the answer to the question might tend to incriminate the person or make the person liable to forfeiture or a penalty. (5) Where a person is examined before a court or registrar under an order under subsection (1), the statement or disclosure made by the person in answer to a question put in the course of the examination, and any information, document or thing obtained as a direct or indirect result of the statement or disclosure, is not admissible against the person in any criminal proceedings except a proceeding for giving false testimony in the course of the examination. (6) For the purposes of subsection (5), proceedings on an application for a superannuation order or a restraining order are not criminal proceedings. (7) On the hearing of 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 the person for, an offence.