34Restraining orders—notice of making

What this means

• If a court freezes (makes a restraining order over) property, the Director of Public Prosecutions (DPP — the prosecuting authority) must give a copy of that restraining order to certain people.

  • For an "unclaimed tainted property" restraining order (property thought to be linked to crime but with no known owner), the DPP must give a copy to anyone the DPP suspects may have an interest in the property.
  • For any other restraining order, the DPP must give a copy to the owner of the restrained property and to anyone else the DPP suspects may have an interest in it.

• A relevant court can order the DPP to give additional documents (for example, the restraining order itself, the application for it, or the supporting affidavit) to anyone, and can specify how those documents must be given. The court can also order the DPP simply to give notice of the order to anyone, and can direct how that notice is to be given.

• Those duties to give copies or notices are subject to any directions the court makes under section 35 (see Cross‑references).

Cross-references (section 35 and how it affects section 34)

• Section 35 lets the court, on application by the DPP, prohibit or limit publication or disclosure of:
  • that an application for a restraining order (or that a restraining order) has been made;
  • the application for the order;
  • the supporting affidavit and any other affidavits filed for the application;
  • information about the proceeding;
  • evidence, statements or things done during the proceeding; and
  • information, documents or things derived from any of the above.
• Section 35 therefore can restrict who may be told about the restraining order or be given the documents related to it.
• Section 34(3) says the DPP’s duty to give copies or notices under section 34 must follow any non‑disclosure or other directions the court makes under section 35. In plain terms: if the court orders secrecy or a limited disclosure, the DPP must comply with that order instead of giving full notice to everyone.

Practical implications

• Who must act
  • The DPP must serve copies of the restraining order (and, if ordered by the court, the application and affidavits or a notice) on the people specified in section 34 — unless the court has limited disclosure under section 35.
• Who is affected
  • Owners of restrained property and anyone the DPP reasonably suspects has an interest in the property.
  • People who learn they “may have an interest” (for unclaimed tainted property) — they can expect to be notified and may need to respond.