Australian Capital Territory Numbered Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 33

    (1)     A restraining order must state that a person must not deal with the property stated in the order except in accordance with—

        (a)     the order; or

        (b)     another order of a relevant court; or

        (c)     this Act.

    (2)     A restraining order (other than an unclaimed tainted property restraining order) must also state—

        (a)     that it is a restraining order under this Act; and

        (b)     the person (or people) whose property it applies to; and

        (c)     for each person to whose property it applies to—the property to which it applies, including whether it applies to property acquired after the making of the order; and

        (d)     if section 31 (2) (b) (Restraining orders over other property—making) applies to the restraining order—the applicable period under the paragraph; and

Note     The restraining order ends unless an indictment is presented or, for a serious offence, a forfeiture or penalty application is made, before the end of the stated period (see div 4.3, tables 1 and 2).

        (e)     if the order directs the public trustee to take control of the restrained property or stated restrained property—the direction and the property to which it applies; and

        (f)     if the relevant court making the order has given a direction under section 35 (Restraining order proceedings—restrictions on disclosure)—

              (i)     the direction given by the court; and

              (ii)     the effect of section 36 (Restraining orders—disclosure offences) in relation to the direction; and

        (g)     if the order provides, under section 37 or 38, for living and business expenses, or legal expenses, to be met out of the restrained property—

              (i)     the kind of expenses that may be met out of the restrained property; and

              (ii)     the period during which the expenses may be met out of the restrained property; and

              (iii)     the maximum amount of the expenses that may be met out of the restrained property.

    (3)     An unclaimed tainted property restraining order must also state—

        (a)     that it is an unclaimed tainted property restraining order under this Act; and

        (b)     the property to which it applies; and

        (c)     if the relevant court making the order has given a direction under section 35—

              (i)     the direction given by the court; and

              (ii)     the effect of section 36 in relation to the direction; and

        (d)     that, unless a relevant court makes an order that stops the operation of the restraining order over the property, the property will be automatically forfeited under this Act to the Territory at the end of 14 days after the day the order is made.

    (4)     A failure by a relevant court to comply with this section in relation to the restraining order does not invalidate the restraining order or any forfeiture order or automatic forfeiture made in relation to the property restrained under the restraining order.