CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 31 Restraining orders over other property—making

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 31

    (1)     This section applies if an application is made under section 26 (Restraining orders over other property—application) to a relevant court for a 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—

        (a)     the court is satisfied that there are reasonable grounds for the officer's beliefs and suspicions stated in the affidavit; and

        (b)     if an indictment has not been presented for the offence, or the offence is a serious offence of which the offender has been cleared—the court is satisfied that, within 6 weeks after the date of the order or (if allowed by the court) a longer period of not longer than 3 months after that date—

              (i)     for an ordinary offence—it is intended to present an indictment against the offender for the offence (or a related relevant offence); or

              (ii)     for a serious offence—

    (A)     it is intended to present an indictment against the offender for the offence (or a related serious offence); or

    (B)     it is intended to apply for a civil forfeiture order or a penalty order in relation to the offence (or a related serious offence).

Note     Indictment is defined in the Legislation Act

, dict, pt 1 as including an information. (See also that Act, dict, pt 1, def present .)

    (3)     The restraining order may do either or both of the following:

        (a)     direct the public trustee and guardian to take control of the restrained property or stated restrained property;

        (b)     provide, under section 37 or section 38, for living and business expenses, or legal expenses, to be met out of the restrained property.

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

, s 73 (4).

    (4)     The relevant court may refuse to make the restraining order if the DPP does not give the relevant court any undertaking that the court considers appropriate about the payment of damages or costs in relation to the making or operation of the order.

    (5)     To remove any doubt—

        (a)     a restraining order may be made under this section in relation to an interest (or interests) in property; and

Note     Property includes an interest in property, see the Legislation Act

, dict, pt 1.

        (b)     a restraining order may relate to 2 or more offences committed (or alleged to have been committed) by an offender; and

Note     Offender includes a corporation, see dict.

        (c)     a restraining order may relate to the property of 2 or more people; and

        (d)     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.