CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 30 Restraining orders over unclaimed tainted property—making

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 30

    (1)     This section applies if an application is made under section 25 (Restraining orders over unclaimed tainted property—application) to a relevant court for an unclaimed tainted property restraining order in relation to an offence.

    (2)     The relevant court must make a restraining order over the property to which the application relates if, having regard to the police officer's affidavit supporting the application and any other evidence before the court, the court is satisfied that there are reasonable grounds for the officer's suspicions and beliefs stated in the affidavit.

Note     A claim for property restrained under an unclaimed tainted property restraining order does not, of itself, change or end the restraining order (see s 46 (2)).

    (3)     The restraining order may direct the public trustee and guardian to take control of the restrained property.

Note     For the commencement of a restraining order, see the Legislation Act

, s 73 (4).

    (4)     To remove any doubt, for making a restraining order under this section, it is irrelevant whether there is any risk of the property being dealt with in a way that would defeat or hinder the purposes of this Act.