if:

(c)

the ^* DPP applies for the order; and

(d)

there are reasonable grounds to suspect that:

(i)

a person has committed a ^* serious offence; and

(ii)

if the offence is not a ^* terrorism offence—the offence was committed within the 6 years preceding the application, or since the application was made; and

(e)

any affidavit requirements in subsection (3) for the application have been met; and

(f)

the court is satisfied that the ^* authorised officer who made the affidavit holds the suspicion or suspicions stated in the affidavit on reasonable grounds.

Note: A court can refuse to make a restraining order if the Commonwealth refuses to give an undertaking: see section 21.

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:

(i)

in any case— ^* proceeds of the offence; or

(ii)

if the offence to which the order relates is a ^* terrorism offence—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)

that:

(i)

the authorised officer suspects that the ^* suspect committed the offence within the 6 years preceding the application, or since the application was made; or

(ii)

the offence is a ^* terrorism offence; and

(b)

if the application is to restrain property of a person other than the suspect—that the authorised officer suspects that:

(i)

the property is subject to the ^* effective control of the suspect; or

(ii)

in any case—the property is ^* proceeds of the offence; or

(iii)

if the offence to which the order relates is a terrorism offence—the property is an ^* instrument of the offence.