83Making of restraining order

#### 83 Making of restraining order 83 Making of restraining order > > (1) On an application under section 82 relating to a defendant charged with, or convicted of, an offence, the Supreme Court may make a restraining order in relation to the defendant’s property or property under the effective control of the defendant, if it is satisfied (on the information contained in or accompanying the application) that— > > > > > (a) the defendant has been charged with an offence in relation to which an act of violence or act of modern slavery occurred resulting in an injury to a victim for which financial support may be paid, or a recognition payment may be made, or has been convicted of an offence in relation to which any such act of violence or act of modern slavery occurred, and > > > > > (b) amounts of victims support are or are likely to be payable, and > > > > > (c) it is appropriate to make the order in the circumstances of the case. > > > (2) On an application under section 82 relating to a defendant who was a party to a scheme to avoid a liability (whether actual or potential) under Division 2, the Supreme Court may make a restraining order in relation to the defendant’s property or property under the control of the defendant, if it is satisfied (on the information contained in or accompanying the application) that— > > > > > (a) the defendant was a party to a scheme to avoid a liability (whether actual or potential) under Division 2 and obtained property under that scheme without giving sufficient consideration, and > > > > > (b) an order has been, or may be, made against the defendant under section 60, and > > > > > (c) it is appropriate to make the restraining order in the circumstances of the case. > > > (3) Without limiting this section, in considering whether to make a restraining order, the Supreme Court is to consider the effect of any proposed order on the defendant’s ability to pay his or her reasonable living expenses or those of his or her dependants or on the defendant’s ability to meet legal expenses. > > > (4) The Supreme Court may not make a restraining order in relation to property if the property is affected by a restraining order in force under the [Criminal Assets Recovery Act 1990](/view/html/inforce/current/act-1990-023) or the [Confiscation of Proceeds of Crime Act 1989](/view/html/inforce/current/act-1989-090). > > > (5) A restraining order may be made in relation to property under the [Criminal Assets Recovery Act 1990](/view/html/inforce/current/act-1990-023) or the [Confiscation of Proceeds of Crime Act 1989](/view/html/inforce/current/act-1989-090) even though the property is subject to a restraining order under this Act. > > **s 83:** Am 2018 No 30, Sch 5.7\[20\].