ACTIn ForceAct
Confiscation of Criminal Assets Act 2003
250Confiscation proceedings—additional orders
Start here
Get a plain-English read of 250
Turn the raw legal text into a practical explanation grounded in Confiscation of Criminal Assets Act 2003.
250 Confiscation proceedings—additional orders
(1) A relevant court may, when it makes an order in a confiscation
proceeding (a primary order) or at any later time, make any other
order (an additional order) that it considers appropriate for varying
or giving effect to the primary order.
Examples of additional orders
1 an order for the examination of anyone before the court, or an officer of the
court, about any property that may be forfeited property
2 an order directing the owner of forfeited property or anyone else to give to a
stated person, within a stated period, a sworn statement about stated particulars
of the forfeited property
3 an order directing the owner of forfeited property or anyone else to do anything
necessary or convenient to be done to allow the public trustee and guardian to
take control of the property in accordance with a forfeiture order, including
anything necessary or convenient to be done to bring the property within the
jurisdiction
4 an order in relation to the registration of title to, or charges over, property
under a territory law
5 an order for the substituted service of a restraining order
(2) However, this section does not authorise a relevant court to make an
additional order in relation to a restraining order or restrained
property (including an order for the exclusion of property from a
restraining order).
Note 1 For additional orders about restraining orders and restrained property, see
s 39 and the notes to that section.
Note 2 For the power to give orders to give effect to an automatic forfeiture for
conviction for a serious offence (which operates over restrained
property), see s 60.
(3) An additional order may be made on the relevant court’s own
initiative, or on the application of any of the following people:
(a) the applicant for the primary order;
(b) the DPP;
(c) the public trustee and guardian;
(d) anyone with an interest in the property or benefits to which the
application relates;
(e) anyone else with the court’s leave.
(4) To remove any doubt, an additional order under this section does not
end only because the order to which the additional order relates ends.