Section 45 - Confiscation of Proceeds of Crime Act 1989 - Supreme Court may make further orders relating to restraining orders

45Supreme Court may make further orders relating to restraining orders

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45 Supreme Court may make further orders relating to restraining orders

(1) If the Supreme Court makes a restraining order, the Court may, at the time when it makes the restraining order or at any later time, make any ancillary orders that the Court considers appropriate and, without limiting the generality of this, the Court may make any one or more of the following orders—

(a) an order varying the restraining order in respect of the property to which it relates,

(b) an order varying any condition to which the restraining order was subject,

(c) an order for the examination on oath of—

(i) a person (in this section called the owner) whose property is subject to the restraining order, or

(ii) another person,

before the Court, or an officer of the Court prescribed by the regulations or by rules of court, concerning the affairs of the owner, including the nature and location of any property of the owner,

(d) an order with respect to the carrying out of any undertaking with respect to the payment of damages or costs given by the State in connection with the making of the restraining order,

(e) if the restraining order directs the NSW Trustee and Guardian to take control of property—

(i) an order regulating the manner in which the NSW Trustee and Guardian may exercise his or her functions under the restraining order, or

(ii) an order determining any question relating to the property to which the restraining order relates, including any question relating to—

(A) the liabilities of the owner, or

(B) the exercise of the functions of the NSW Trustee and Guardian,

with respect to the property, or

(iii) an order directing—

(A) the owner, or

(B) if the owner is a body corporate—a director of the body corporate specified by the Court,

to furnish to the NSW Trustee and Guardian, within a period specified in the order, a statement, verified by the oath or affirmation of the person making the statement, setting out such particulars of the property, or dealings with the property, of the owner as the Court thinks proper.