Commonwealth Consolidated Acts Commonwealth Consolidated Acts (1)
Where a foreign restraining order against property is registered in a
court in Australia under the Mutual Assistance Act, the court may, if
satisfied, upon application by the DPP, that the circumstances so require, by
order direct the Official Trustee to take custody and control of the property,
or of such part of the property as is specified in the court’s order.
(2)
The DPP shall give written notice of an application for an order under
subsection (1) in respect of property to:
(a) the owner of the property; and
(b) any other person the DPP has reason to believe may have an interest
in the property.
(3)
Where the DPP applies to a court for an order under
subsection (1), the court may, at any time before the final determination
of the application, 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 that the court considers appropriate.
(4)
A person who claims an interest in property in respect of which an
application under subsection (1) is made may appear and adduce evidence
at the hearing of the application.
(5)
Where an order is made under subsection (1) in respect of property
of a person (in this subsection called the respondent ), the court may, at the
time when it makes the order or at any later time, make any one or more of the
following orders:
(a) an order regulating the manner in which the Official Trustee may
exercise its powers or perform its duties under the order under
subsection (1);
(b) an order determining any question relating to that property,
including any question relating to the liabilities of the respondent and the
exercise of the powers, or the performance of the duties, of the Official
Trustee with respect to that property;
(c) an order directing the respondent to furnish to the Official
Trustee, within a period specified in the order under this subsection, a
statement, verified by the oath of the respondent, setting out such
particulars of the property of the respondent as the court thinks proper.
(6)
Where the Official Trustee is given a direction under
subsection (1) in relation to property, the Official Trustee may do
anything that is reasonably necessary for the purpose of preserving the
property including, without limiting the generality of this:
(a) becoming a party to any civil proceedings affecting the property;
(b) ensuring that the property is insured; and
(c) if the property consists, in whole or in part, of a
business—employing, or terminating the employment of, persons in the
business.
(7)
Notwithstanding anything in the Bankruptcy Act, money that has come
into the custody and control, of the Official Trustee under an order under
subsection (1) shall not be paid into the Common Investment Fund
established by section 20B of that Act.