18Making of restraining order

### 18 Making of restraining order > > (1)  The judge may make the restraining order after receiving the application if satisfied that – > > > > > > (a) applications have been, or are likely to be, made under this Act for awards of compensation in respect of the relevant serious offence or offences; and > > > > > > > (b) the total amount of the awards is likely to exceed $100 000; and > > > > > > > (c) the defendant is likely, in relation to the relevant serious offence or offences, to be the subject of proceedings for – > > > > > > > > > > (i) statutory or common law damages; or > > > > > > > > > > > (ii) the recovery of compensation or other payments made under a contract of insurance or statutory or lawful obligation. > > > (2)  The restraining order may be made regardless of whether there is a risk that the defendant or any other person may dispose of, or otherwise deal with, the subject property in a manner that might defeat the operation of this Division. > > > (3)  If by the order the judge directs the Public Trustee or another person to take control of property, the order is sufficient authority for the Public Trustee or that other person to take control of the property. > > > (4)  The restraining order may be made subject to such conditions as the judge thinks fit for the purposes of providing, out of the defendant's property, for – > > > > > > (a) the reasonable living expenses of the defendant and any dependants of the defendant; and > > > > > > > (b) the payment of expenses necessary for the maintenance of assets of the defendant; and > > > > > > > (c) the defendant's reasonable expenses in defending a criminal charge.