if:
- (c)
- the * DPP applies for the order; and
- (d)
- a person has been convicted of, or has been charged with, an *
indictable offence, or it is proposed that he or she be charged with an
indictable offence; and
- (e)
- any affidavit requirements in subsection (3) for the application have
been met; and
- (f)
- (unless there are no such requirements) the court is satisfied that the *
authorised officer who made the affidavit holds the suspicion or suspicions
stated in the affidavit on reasonable grounds.
Property that a restraining order may cover
(2) The order must specify, as
property that must not be disposed of or otherwise dealt with, the property
specified in the application for the order, to the extent that the court is
satisfied that there are reasonable grounds to suspect that that property is
any one or more of the following:
- (a)
- all or specified property of the *
suspect;
- (b)
- all property of the suspect other than specified property;
- (c)
- specified property of another person (whether or not that other person's
identity is known) that is subject to the * effective control of the suspect;
- (d)
- specified property of another person (whether or not that other person's
identity is known) that is * proceeds of the offence or an * instrument of the
offence.
Affidavit requirements
(3) The application for the order must be supported by
an affidavit of an * authorised officer stating:
- (a)
- if the * suspect has
not been convicted of an indictable offencethat the authorised officer
suspects that the suspect committed the offence; and
- (b)
- if the application is to restrain property of a person other than the
suspectthat the authorised officer suspects that:
- (i)
- the property is subject to the * effective control of the suspect; or
- (ii)
- the property is * proceeds of the offence or an * instrument of the
offence.
The affidavit must include the grounds on which the * authorised officer holds
those suspicions.
Refusal to make a restraining order
(4) Despite subsection (1), the
court may refuse to make a * restraining order in relation to an *
indictable offence that is not a * serious offence if the court is satisfied
that it is not in the public interest to make the order.
- Note: A court can
also refuse to make a restraining order if the Commonwealth refuses to give an
undertaking: see section 21.
Risk of property being disposed of etc.
(5) The court must make a *
restraining order even if there is no risk of the property being disposed of
or otherwise dealt with.
Later acquisitions of property
(6) The court may
specify that a * restraining order covers property that is acquired by the *
suspect after the court makes the order. Otherwise, no property that is
acquired after a court makes a restraining order is covered by the order.