(1) The court that made a * restraining order, or any other court that could
have made the restraining order, may make any ancillary orders that the court
considers appropriate and, without limiting the generality of this, the court
may make any one or more of the following orders:
- (a)
- an order varying the
property covered by the * restraining order;
- (b)
- an order varying a condition to which the restraining order is subject;
- (c)
- an order relating to an undertaking required under section 21;
- (d)
- an order directing the owner of the property (including, if the owner is a
body corporate, a specified * director of the body corporate) to give a sworn
statement to a specified person, within a specified period, setting out
particulars of, or dealings with, the property;
- (e)
- if the * Official Trustee is ordered under section 38 to take custody
and control of property:
- (i)
- an order regulating the manner in which the Official Trustee may exercise
its powers or perform its duties under the restraining order; or
- (ii)
- an order determining any question relating to the property, including a
question relating to the liabilities of the owner or the exercise of powers or
the performance of duties of the Official Trustee; or
- (iii)
- an order directing any person to do anything necessary or convenient to
enable the Official Trustee to take custody and control of the property;
- (f)
- an order giving directions about the operation of the restraining order
and any one or more of the following:
- (i)
- a * forfeiture order that covers the same property as the
restraining order;
- (ii)
- a * pecuniary penalty order or a * literary proceeds order that relates
to the same offence as the restraining order;
- (g)
- an order requiring a person whose property is covered by a restraining
order to do anything necessary or convenient to bring the property within the
jurisdiction.
- Note: If there is a pecuniary penalty order that relates to the same offence
as a restraining order, the court may also order the Official Trustee to pay
an amount equal to the relevant pecuniary penalty out of property covered by
the restraining order: see section 282.
(2) The court can only make an ancillary order on the application of:
- (a)
- the * DPP; or
- (b)
- the owner of the property covered by the order; or
- (c)
- if the * Official Trustee was ordered to take custody and control of the
propertythe Official Trustee; or
- (d)
- any other person who has the leave of the court.
(3) A person who applies for an ancillary order must give written notice of
the application to all other persons entitled to make such an application.
(4) An ancillary order may be made:
- (a)
- if it is made by the court that made
the * restraining orderwhen making the restraining order; or
- (b)
- in any caseat any time after the restraining order is made.
(5) An order that is ancillary to a * restraining order does not cease to have
effect merely because the restraining order, or part of it, ceases to be in
force under subsection 45(4) or (5).
- Note: A restraining order ceases to be
in force under those subsections if a confiscation order covering the same
property or relating to the same offence is satisfied.