Commonwealth Consolidated Acts

CRIMES (SUPERANNUATION BENEFITS) ACT 1989 - SECT 27

             (1)  Where an application is made for a restraining order and the defendant has not been convicted of the offence concerned, the court must not make a restraining order unless:

                     (a)  the application for the order is supported by an affidavit of a police officer stating that the officer believes the defendant committed the offence; and

                     (b)  the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for so believing.

             (2)  Where an application for a restraining order is made against specified property of a person other than the defendant, the court must not make a restraining order against the property unless:

                     (a)  the application is supported by an affidavit of a police officer stating that the officer believes that the property is subject to the effective control of the defendant; and

                     (b)  the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for so believing.

             (3)  An affidavit made by a police officer for the purpose of this section that states that the officer believes a particular matter must set out the grounds on which the officer holds that belief.

             (4)  The court may, at any time before the final determination of an application for:

                     (a)  a restraining order; or

                     (b)  an extension of the period of effect of a restraining order;

direct the DPP to give or publish notice of the application to a specified person or class of persons in the manner and within the time the court thinks appropriate.