New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 46

46 Order for taxation of legal expenses to be met out of restrained or frozen property

(1) If--

(a) the Supreme Court makes a restraining order directing the NSW Trustee and Guardian to take control of property or an appropriate court makes a freezing notice directing the NSW Trustee and Guardian or Commissioner of Police to take control of property, and

(b) the order or notice makes provision for meeting, out of the property or part of it, a person's reasonable expenses in defending a criminal charge,

the NSW Trustee and Guardian or Commissioner may apply to the court for an order under subsection (3).

(2) The NSW Trustee and Guardian or Commissioner must give to the person written notice of an application under this section.

(3) On an application, the court may order that the expenses be taxed as provided in the order or notice or may dismiss the application.

(4) An applicant for an order need not, except as ordered by the court after the application is made, take any steps for the purpose of meeting the expenses as provided by the restraining order or freezing notice unless and until--

(a) an order under subsection (3) in relation to the expenses is complied with, or

(b) the application, and any appeal arising out of it, are finally determined, or otherwise disposed of, otherwise than by the making of such an order.