NTIn ForceAct
Criminal Property Forfeiture Act 2002
40Interim restraining order
Start here
Get a plain-English read of 40
Turn the raw legal text into a practical explanation grounded in Criminal Property Forfeiture Act 2002.
40 Interim restraining order
(1) The Local Court may, on application by a police officer or the DPP,
make an interim restraining order in relation to:
(a) the property of a person named in the application; or
(b) property specified in the application;
if the applicant satisfies the court:
(c) that an application is to be made under section 43 or 44 in
relation to the person or the property as soon as reasonably
practicable; and
(d) that the circumstances justify the making of the interim
restraining order.
(2) The court may make an interim restraining order under this section
despite that the value of the restrained property may exceed the
jurisdictional limit of the court set by section 135 or under another
Act.
Criminal Property Forfeiture Act 2002 30
(3) An application for an interim restraining order may be made by
telephone or other electronic means.
(4) An interim restraining order has effect until the expiration of
3 working days after the order was made.