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Confiscation of Criminal Assets Act 2003
39Additional orders about restraining orders and restrained
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39 Additional orders about restraining orders and restrained
(1) A relevant court may, when it makes a restraining order or at any later
time before the order ends, make any additional order that the court
considers appropriate in relation to the restraining order or restrained
property (other than an order mentioned in subsection (2)).
Examples of additional orders
1 an order varying the property subject to the restraining order (other than an
order excluding property from the restraining order)
2 an order authorising the disposal of the property subject to the restraining order
to satisfy a penalty order
3 an order varying any condition to which the restraining order is subject.
4 an order that living or business expenses of a person, or legal expenses of a
person to defend a criminal charge, be met out of restrained property
5 an order for the carrying out of any undertaking about the payment of damages
or costs given by the Territory in relation to the making or operation of the
restraining order
6 an order for the examination of anyone before the court, or an officer of the
court, about the affairs (including the nature and location of any property) of
the owner of restrained property or of the offender
7 an order for the examination of anyone before the court, or an officer of the
court, about any property that may be tainted property
8 an order directing the owner of the restrained property or anyone else to give
to a stated person, within a stated period, a sworn statement about stated
particulars of the restrained property
9 an order directing the registrar-general not to register any instrument affecting
restrained property except in accordance with the order
10 an order directing the owner of restrained 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 the restraining
order, including anything necessary or convenient to be done to bring the
property within the jurisdiction
11 if the restraining order directs the public trustee and guardian to take control
of property, an order regulating how the public trustee and guardian may
exercise functions under the restraining order or an order deciding any
question about the property
Note For general provisions about additional orders under this section (which
(2) However, the court must not make any of the following orders under
subsection (1):
(a) an order revoking or otherwise ending a restraining order;
(b) an order for the extension of the period a restraining order is to
remain in force;
(c) an order for the exclusion of property from a restraining order.
Note 1 For the revocation of a restraining order, see s 43 and s 44.
Note 2 For the extension of the operation of a restraining order, see s 49.
Note 3 For the exclusion of property from a restraining order, see pt 6.
(3) Also, the court must not make an order that living or business
expenses of a person, or legal expenses of a person to defend a
criminal charge, be met out of restrained property unless the order is
made in accordance with section 37 or section 38 (as appropriate).
(4) If the DPP proposes to oppose an application by a person under this
section for an additional order, the DPP must give the applicant, and
anyone else to whom notice of the application was given, written
notice of the grounds on which the application will be opposed.
(5) To remove any doubt, an additional order under this section does not
end only because the restraining order ends or the property to which
the additional order relates ceases to be restrained property.