AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 49B Making of restraining orders

AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 49B

  (1)   Subject to this Division, where an application is made for a restraining order against property and the appropriate court is satisfied that:

  (a)   the offence concerned is, or may be, a corruption offence; and

  (b)   if the defendant has been sentenced in respect of the offence--the sentence would support the making of an application for a superannuation order under subsection   45(1A); and

  (c)   the defendant is, or has been, a member of a superannuation scheme;

the court may, by order, direct that the property, or such part of the property as is specified in the order, is not to be disposed of, or otherwise dealt with, by any person except in the manner and circumstances (if any) specified in the order.

  (2)   A restraining order must not be made against a person's property to any extent greater than is necessary to ensure the recovery of any amount payable, or reasonably likely to be payable, by the defendant under a recovery order.

  (3)   Subsection   (2) does not prevent the court from making a restraining order against a person's property, being property whose value is more than the amount payable, or reasonably likely to be payable, by the defendant under a recovery order if there is no other property of sufficient value in respect of which the court can make a restraining order.

  (4)   A court may make a restraining order against property whether or not there is any risk of the property being disposed of, or otherwise dealt with, in a manner that would defeat the operation of this Part.

  (5)   Where the application is made in reliance on the proposed charging of the defendant with the offence concerned, the court must not make a restraining order unless satisfied that the defendant will be charged with the offence, or with a related corruption offence, within 48 hours.

  (6)   A court may refuse to make a restraining order if the Commonwealth refuses or fails to give the court such undertakings as the court considers appropriate with respect to the payment of damages or costs, or both, in relation to the making and operation of the order.