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Criminal Property Forfeiture Act 2002
43Restraining order in relation to specified property
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43 Restraining order in relation to specified property
(1) Subject to section 135, the Local Court may, on application by a
police officer or the DPP, make a restraining order in relation to
property specified in the application if there are reasonable grounds
for suspecting that the property is crime-used or crime-derived.
(2) The Supreme Court may, on application by the DPP, make a
restraining order in relation to property specified in the application in
any of the following cases:
(a) if there are reasonable grounds for suspecting that the
property is crime-used or crime-derived;
Criminal Property Forfeiture Act 2002 31
(b) if the property is a subject of an examination order, whether or
not the person to whom the examination order is directed
owns or effectively controls the property;
(c) if the property is funds held in an account that is a subject of a
monitoring order;
(d) if the property is funds held in an account to which a
suspension order applies.
(3) Subsection (2) also applies to property where the court is advised
that an application has been made, or it is intended that within
21 days after the application for the restraining order an application
will be made, for the examination order, monitoring order or
suspension order (as the case may be).