Victorian Current Acts

CONFISCATION ACT 1997 - SECT 14

    (1)     A restraining order is an order that no property or interest in property, that is property or an interest to which the order applies, is to be disposed of, or otherwise dealt with by any person except in the manner and circumstances (if any) specified in the order.

    (2)     If a provision of this Act confers a power to apply for a restraining order in respect of property in which a person has an interest, the application may be made in respect of one or more of the following—

        (a)     specified property of the person;

        (b)     all the property of the person, including property acquired after the making of the order;

        (c)     specified property of the person and all other property of the person, including property acquired after the making of the order;

        (d)     all the property of the person, including property acquired after the making of the order, other than specified property;

        (e)     specified property of another person.

S. 14(3) substituted by No. 55/2014 s. 54.

    (3)     If the court making a restraining order considers that the circumstances so require, the order may direct one of the following to take control of some or all of the property specified in the order—

        (a)     a trustee specified in the order;

S. 14(3)(b) amended by No. 20/2015 s. 7.

        (b)     a person holding a prescribed position within the Department of Justice and Regulation.

    (4)     A restraining order may, at the time it is made or at a later time, provide for meeting—

        (a)     the reasonable living expenses (including the reasonable living expenses of any dependants); and

        (b)     reasonable business expenses—

of any person to whose property the order applies if the court that makes or made the order is satisfied that these expenses cannot be met from unrestrained property or income of the person.

    (5)     A court, in making a restraining order, must not provide for the payment of legal expenses in respect of any legal proceeding, whether criminal or civil, and whether in respect of a charge to which the restraining order relates or otherwise.

    (6)     Subject to subsections (4) and (5), a restraining order may be made subject to any conditions that the court thinks fit.

S. 14(7) amended by No. 43/1998
s. 10.

    (7)     The court may refuse to make a restraining order if the DPP or another person or body on behalf of the State refuses or fails to give to the court any undertakings that the court considers appropriate concerning the payment of damages or costs in relation to the making and operation of the order.