ACTIn ForceAct
Confiscation of Criminal Assets Act 2003
30Restraining orders over unclaimed tainted property—
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30 Restraining orders over unclaimed tainted property—
making
(1) This section applies if an application is made under section 25
(Restraining orders over unclaimed tainted property—application) to
a relevant court for an unclaimed tainted property restraining order in
relation to an offence.
(2) The relevant court must make a restraining order over the property to
which the application relates if, having regard to the police officer’s
affidavit supporting the application and any other evidence before the
court, the court is satisfied that there are reasonable grounds for the
officer’s suspicions and beliefs stated in the affidavit.
restraining order does not, of itself, change or end the restraining order
(see s 46 (2)).
(3) The restraining order may direct the public trustee and guardian to
take control of the restrained property.
Note For the commencement of a restraining order, see the Legislation Act,
(4) To remove any doubt, for making a restraining order under this
section, it is irrelevant whether there is any risk of the property being
dealt with in a way that would defeat or hinder the purposes of this
Act.