New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 45

45 Supreme Court may make further orders relating to restraining orders

(1) If the Supreme Court makes a restraining order, the Court may, at the time when it makes the restraining order or at any later time, 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 restraining order in respect of the property to which it relates,

(b) an order varying any condition to which the restraining order was subject,

(c) an order for the examination on oath of--

(i) a person (in this section called the
"owner" ) whose property is subject to the restraining order, or

(ii) another person,

before the Court, or an officer of the Court prescribed by the regulations or by rules of court, concerning the affairs of the owner, including the nature and location of any property of the owner,

(d) an order with respect to the carrying out of any undertaking with respect to the payment of damages or costs given by the State in connection with the making of the restraining order,

(e) if the restraining order directs the NSW Trustee and Guardian to take control of property--

(i) an order regulating the manner in which the NSW Trustee and Guardian may exercise his or her functions under the restraining order, or

(ii) an order determining any question relating to the property to which the restraining order relates, including any question relating to--

(A) the liabilities of the owner, or

(B) the exercise of the functions of the NSW Trustee and Guardian,

with respect to the property, or

(iii) an order directing--

(A) the owner, or

(B) if the owner is a body corporate--a director of the body corporate specified by the Court,

to furnish to the NSW Trustee and Guardian, within a period specified in the order, a statement, verified by the oath or affirmation of the person making the statement, setting out such particulars of the property, or dealings with the property, of the owner as the Court thinks proper.

(2) Without affecting the generality of subsection (1), where the Supreme Court makes, or has made, a restraining order, the Court may, at the time it makes the restraining order or at any later time, whether on application made to it or on its own motion, make an order authorising another court--

(a) to make an order setting aside the restraining order in respect of the whole or a part of the property, or

(b) to make other orders in relation to the operation of the restraining order,

to the extent and in the circumstances specified in the order of the Court.

(3) An order under subsection (1) or (2) may be made on application--

(a) by an appropriate officer, or

(b) by the owner, or

(c) where the restraining order directed the NSW Trustee and Guardian to take control of property--by the NSW Trustee and Guardian, or

(d) with the leave of the Supreme Court--by any other person.

(4) Where a person is examined before the Supreme Court or an officer of the Supreme Court pursuant to an order under subsection (1), the person is not excused from answering a question when required to do so by the Court or officer on the ground that the answer to the question might tend to incriminate the person or make the person liable to a forfeiture or penalty.

(5) Where a person is examined before the Supreme Court or an officer of the Supreme Court pursuant to an order under subsection (1), a statement or disclosure made by the person in answer to a question put in the course of the examination, and any information, document or thing obtained as a direct or indirect consequence of the statement or disclosure, is not admissible against the person in any civil or criminal proceedings except in--

(a) a proceeding in respect of the giving of false testimony in the course of the examination, or

(b) a proceeding for the making of a forfeiture order, for the purpose only of facilitating the identification of the property to be subject to the forfeiture order, or

(c) a proceeding for the making of a pecuniary penalty order, for the purpose only of facilitating the assessment of the amount of the pecuniary penalty, or

(d) a proceeding for the making of a drug proceeds order, for the purpose only of facilitating the assessment of the amount to be recovered under the order.

(6) A person who makes an application under this section in relation to a restraining order 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 in relation to the order.