New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 42V

42V Court may make further orders relating to freezing notices

(1) An appropriate court that confirms a freezing notice or a court that is dealing with proceedings for a serious offence in relation to which a freezing notice has been issued may, at any time, make any orders ancillary to the freezing notice that the court considers appropriate.

(2) Without limiting the generality of subsection (1), the court may make any one or more of the following orders--

(a) an order varying the terms of the freezing notice, including the property to which it relates and any conditions of the notice,

(b) an order with respect to the carrying out of any undertaking with respect to the payment of costs or damages given by the State in connection with the confirmation of the freezing notice,

(c) an order setting aside the freezing notice in respect of the whole or part of the property.

(3) An order under this section may be made on the application of any of the following persons--

(a) an appropriate officer,

(b) the owner,

(c) a person directed by the freezing notice to take control of property subject to the notice,

(d) any other person with the leave of the court.

(4) A person who makes an application under this section must give notice of the application, as prescribed by the regulations or rules of court, to each other person who is entitled, by virtue of subsection (3) (a)-(c), to make an application under this section.