118Wealth-restraining orders

### 118 Wealth-restraining orders > [*\[Section 118 Inserted by No. 60 of 2013, s. 12, Applied:01 Mar 2014\]*](/view/html/inforce/2014-03-01/act-2013-060#GS12@EN) > > > (1)  On hearing an application under [section 117(1)](#GS117@Gs1@EN) , the Supreme Court may make an order in relation to the property of a person named in the application. > > > (2)  The Supreme Court may only make a wealth-restraining order in relation to the property of a person named in an application if satisfied that – > > > > > > (a) an unexplained wealth declaration has been made against the person; or > > > > > > > (b) an application has been made for – > > > > > > > > > > (i) an unexplained wealth declaration to be made against the person; or > > > > > > > > > > > (ii) a document production order that is likely to result in the disclosure of a document that is evidence that the person owns or effectively controls the property; or > > > > > > > (c) [*\[Section 118 Subsection (2) amended by No. 30 of 2018, s. 14, Applied:10 Dec 2018\]*](/view/html/inforce/2018-12-10/act-2018-030#GS14@Hpa@EN) the Supreme Court is satisfied that the DPP intends to make an application referred to in [paragraph (b)](#GS118@Gs2@Hpb@EN) within a reasonable period that is not less than 21 days after the wealth-restraining order is made. > > > (2A)  [*\[Section 118 Subsection (2A) inserted by No. 30 of 2018, s. 14, Applied:10 Dec 2018\]*](/view/html/inforce/2018-12-10/act-2018-030#GS14@Hpb@EN) The Supreme Court may refuse to make a wealth-restraining order under this section 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. > > > (3)  A wealth-restraining order may specify that it applies – > > > > > > (a) to all or any property, or class of property, that is owned or effectively controlled by a person named in the wealth-restraining order at the time of the application, whether or not the property is described or identified in the application; and > > > > > > > (b) to all or any property or class of property acquired, after the wealth-restraining order is made, by – > > > > > > > > > > (i) a person named in the wealth-restraining order; or > > > > > > > > > > > (ii) another person at the request or direction of a person named in the wealth-restraining order; and > > > > > > > (c) to all or any property that – > > > > > > > > > > (i) is retained under [section 115](#GS115@EN) or is the subject of an interim wealth-restraining order; and > > > > > > > > > > > (ii) is the property of a person named in the wealth-restraining order.