Commonwealth Numbered Acts

PROCEEDS OF CRIME ACT 1987 No. 87, 1987 - SECT 45

45. (1) Subject to subsection (2), the DPP shall give written notice of an
application for a restraining order against property to:

   (a)  the owner of the property; and

   (b)  any other person the DPP has reason to believe may have an interest in
        the property.

(2) The court may make a restraining order where notice of the application has
not been given in accordance with subsection (1), if the court is satisfied
that:

   (a)  there are circumstances of urgency requiring the making of such an
        order; or

   (b)  it would be contrary to the public interest to give notice of the
        application; but, subject to subsection (3), a restraining order made
        by virtue of this subsection shall cease to have effect at the end of
        such period (not exceeding 14 days) as is specified by the court in
        the restraining order.

(3) The court may, on application made by the DPP before the end of the period
referred to in subsection (2), extend the period of operation of a
restraining order granted by virtue of that subsection if the court is
satisfied that there are circumstances justifying the extension.

(4) The DPP shall give written notice of an application under subsection (3)
for the extension of the period of operation of a restraining order to:

   (a)  the owner of the property against which the restraining order was
        made; and

   (b)  any other person who the DPP has reason to believe may have an
        interest in the property.

(5) The court may, at any time before the final determination of an
application for:

   (a)  a restraining order; or

   (b)  an extension of the period of operation of a restraining order; direct
        the DPP to give or publish notice of the application to a specified
        person or class of persons, in the manner and within the time that the
        court considers appropriate.