116Interim wealth-restraining orders

### 116 Interim wealth-restraining orders > [*\[Section 116 Inserted by No. 60 of 2013, s. 12, Applied:01 Mar 2014\]*](/view/html/inforce/2014-03-01/act-2013-060#GS12@EN) > > > (1)  The DPP may apply for an interim wealth-restraining order to be made – > > > > > > (a) in respect of the property of a person named in the application; or > > > > > > > (b) in respect of the property specified in the application. > > > (2)  An application under [subsection (1)](#GS116@Gs1@EN) may be made – > > > > > > (a) to the Magistrates Court or the Supreme Court; and > > > > > > > (b) in chambers, by telephone or by electronic means; and > > > > > > > (c) ex parte. > > > (3)  On hearing an application under [subsection (1)](#GS116@Gs1@EN) , the Magistrates Court or the Supreme Court may make an order specifying – > > > > > > (a) that the property of a person named in the order may be seized, retained or guarded under the order; or > > > > > > > (b) that property specified in the order may be seized, retained or guarded under the order. > > > (4)  The Magistrates Court or Supreme Court may only make an interim wealth-restraining order under [subsection (3)](#GS116@Gs3@EN) if satisfied that – > > > > > > (a) an application is to be made for a wealth-restraining order, in relation to the property of the person named in the application for the interim wealth-restraining order, as soon as reasonably practicable; and > > > > > > > (b) the circumstances justify the making of the interim wealth-restraining order before the application for the wealth-restraining order can be heard. > > > (4A)  [*\[Section 116 Subsection (4A) inserted by No. 30 of 2018, s. 13, Applied:10 Dec 2018\]*](/view/html/inforce/2018-12-10/act-2018-030#GS13@Hpa@EN) The Magistrates Court or Supreme Court may refuse to make an interim wealth-restraining order under [subsection (3)](#GS116@Gs3@EN) if the DPP, on behalf of the State, refuses or fails to give to the court such undertakings as the court considers appropriate with respect to the payment of damages or costs, or both, in relation to the making and operation of the order. > > > (5)  The Magistrates Court may make an interim wealth-restraining order under [subsection (3)](#GS116@Gs3@EN) even though the value of the property specified in, or affected by, the interim wealth-restraining order exceeds the jurisdictional money limit set for the Magistrates Court under the [Magistrates Court (Civil Division) Act 1992](/view/html/inforce/2026-04-12/act-1992-027) . > > > (6)  [*\[Section 116 Subsection (6) substituted by No. 30 of 2018, s. 13, Applied:10 Dec 2018\]*](/view/html/inforce/2018-12-10/act-2018-030#GS13@Hpb@EN) An interim wealth-restraining order has effect until the expiration of – > > > > > > (a) 3 days after it was made, excluding any Saturdays, Sundays or statutory holidays as defined in the [Statutory Holidays Act 2000](/view/html/inforce/2026-04-12/act-2000-096) ; or > > > > > > > (b) such further period as is specified in the interim wealth-restraining order by the court making the order. > > > (7)  An interim wealth-restraining order authorises the DPP to seize, retain or guard property affected by the interim wealth-restraining order, or for the property to be secured by other means, for the duration of the interim wealth-restraining order.