24Protected property not to be included in serious drug offence restraining order

24 Protected property not to be included in serious drug offence restraining order (1) A restraining order made for the purposes of section 15(1)(c) must not include property that is protected property. (2) For the purposes of subsection (1) and subject to subsection (3), the following property is protected property— (a) property used by the accused or a dependant of the accused primarily as a means of transport; (b) any item of necessary clothing of the accused or a dependant of the accused; (c) any item of ordinary household property of the accused or a dependant of the accused; (d) any tools of trade required by the accused or a dependant of the accused in earning income. S. 24(3) amended by No. 44/2022 s. 58. (3) An item or property of a category referred to in subsection (2) is not protected property if the value of the item, at the time at which the serious drug offence restraining order is made, exceeds the amount prescribed for that category. (4) Subject to subsection (5), property that is excluded from a serious drug offence restraining order because it is protected property must also be excluded from any other restraining order under which the property is restrained. (5) Subsection (4) does not apply to property that, for the purposes of the other restraining order, is tainted property. (6) In this section— ***dependant***, of the accused, means a person who— (a) has resided with the accused for a substantial period of time immediately prior to the making of the restraining order; and (b) is wholly or substantially dependent on the accused for— (i) financial support; or (ii) personal care because the person has a severe disability, a medical condition or a condition of frailty; ***necessary clothing*** does not include jewellery, collectible watches or clothing that is kept as part of a collection; ***ordinary household items*** does not include antiques, collections, collectible items and artwork. S. 25 repealed by No. 87/2004 s. 13.