16Application for restraining order

16 Application for restraining order

S. 16(1) substituted by No. 87/2004 s. 8(1), amended by No. 68/2009 s. 97(Sch. item 23.15).

(1) If a person has been, or within the next 48 hours will be, charged with or has been convicted of a Schedule 1 offence—

(a) the DPP may apply, without notice, to any court; or

(b) an appropriate officer may apply, without notice, to the Magistrates' Court or the Children's Court—

for a restraining order in respect of property in which the accused has an interest or which is tainted property in relation to that offence.

S. 16(2) substituted by No. 87/2004 s. 8(1), amended by Nos 68/2010 s. 41(1), 37/2014 s. 10(Sch. item 25.2(a)), substituted by No. 27/2016 s. 8.

(2) If any of the circumstances specified in subsection (2AA) apply in relation to property—

(a) the DPP, a prescribed person or a person belonging to a prescribed class of persons may apply, without notice, to any court; or

(b) an appropriate officer may apply, without notice, to the Magistrates' Court or the Children's Court—

for a restraining order in respect of the property.

S. 16(2AA) inserted by No. 27/2016 s. 8.

(2AA) An application for a restraining order under subsection (2) may be made in respect of property if—

(a) a police officer or a person authorised by or under an Act to prosecute the relevant type of offence believes that—

(i) within the next 48 hours a person will be charged with a Schedule 2 offence; and

(ii) that person has an interest in the property or the property is tainted property in relation to that offence; or

(b) a person has been charged with a Schedule 2 offence and that person has an interest in the property or the property is tainted property in relation to that offence; or

(c) a person has been convicted of a Schedule 2 offence and that person has an interest in the property or the property is tainted property in relation to that offence.

S. 16(2A) inserted by No. 87/2004 s. 8(1), repealed by No. 68/2010 s. 41(1),
new s. 16(2A) inserted by No. 55/2014 s. 20(1).

(2A) The DPP or a prescribed person, or a person belonging to a prescribed class of persons, may apply, without notice, to the Supreme Court or the County Court for a serious drug offence restraining order in respect of property if—

(a) a member of the police force or a person authorised by or under an Act to prosecute the relevant type of offence believes that—

(i) within the next 48 hours a person will be charged with a serious drug offence; and

(ii) that person has an interest in the property; or