44Restraining orders in relation to property of named persons

44 Restraining orders in relation to property of named persons (1) The Supreme Court may, on application by the DPP, make a restraining order in relation to the property of a person named in the application if: (a) the person has been charged, or it is intended that within 21 days after the application the person will be charged, with an offence that, if the person is convicted of the offence, could lead to the person being declared to be a drug trafficker under section 36A of the Misuse of Drugs Act 1990; or (b) 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 one or more of the following in relation to the person: (i) a production order; (ii) an unexplained wealth declaration; (iii) a criminal benefit declaration; (iv) a crime-used property substitution declaration; or (c) an order or declaration mentioned in paragraph (b) has been made in relation to the person. (2) A restraining order under this section can apply to: (a) all or any property that is owned or effectively controlled by the person at the time of the application for the restraining order, whether or not any of the property is described or identified in the application; and Criminal Property Forfeiture Act 2002 32 (b) all property acquired: (i) by the person; or (ii) by another person at the request or direction of the person named in the application for the restraining order; after the restraining order is issued. (3) The court must not refuse to make a restraining order under subsection (1)(b)(ii), (iii) or (iv) only because the value of the property subject to the restraining order exceeds, or could exceed, the amount that the person could be liable to pay to the Territory if the relevant declaration is made.