(1) The court may allow any one or more of the following to be met out of
property, or a specified part of property, covered by a * restraining order:
- (a)
- the reasonable living expenses of the person whose property is restrained;
- (b)
- the reasonable living expenses of any of the * dependants of that person;
- (c)
- the reasonable business expenses of that person;
- (d)
- a specified debt incurred in good faith by that person.
(2) The court may only make an order under subsection (1) if:
- (a)
- the
person whose property is restrained has applied for the order; and
- (b)
- the person has notified the * DPP in writing of the application and the
grounds for the application; and
- (c)
- the person has disclosed all of his or her * interests in property, and
his or her liabilities, in a statement on oath that has been filed in the
court; and
- (ca)
- the court is satisfied that the expense or debt does not, or will not,
relate to legal costs that the person has incurred, or will incur, in
connection with:
- (i)
- proceedings under this Act; or
- (ii)
- proceedings for an offence against a law of the Commonwealth, a State or
a Territory; and
- (d)
- the court is satisfied that the person cannot meet the expense or debt out
of property that is not covered by:
- (i)
- a * restraining order; or
- (ii)
- an * interstate restraining order; or
- (iii)
- a * foreign restraining order that is registered under the * Mutual
Assistance Act.
(3) Property that is covered by:
- (a)
- a * restraining order; or
- (b)
- an * interstate restraining order; or
- (c)
- a * foreign restraining order that is registered under the * Mutual
Assistance Act;
is taken, for the purposes of paragraph (2)(d), not to be covered by the
order if it would not be reasonably practicable for the * Official Trustee to
take custody and control of the property.