New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 10B

10B Telephone applications for restraining orders

(1) An authorised officer may apply by telephone for a restraining order under section 10 (a "telephone restraining order").

(2) The Supreme Court must make the order applied for if, in addition to the matters required under sections 10 and 10A (if applicable), the application is supported by a statement by the authorised officer that:

(a) the interest in property relates to funds held in a specified financial institution, and

(b) the order is required urgently as there is a risk that the funds may be withdrawn or transferred to a place outside New South Wales (including outside Australia), and

(c) it is not practicable for the authorised officer to appear in person.

(3) If it is not possible for an application for a telephone restraining order to be made directly by telephone to the Supreme Court by the applicant, the application may be transmitted to the Supreme Court by another person on behalf of the applicant.

(4) The Supreme Court may give notice of a telephone restraining order by telephone.

(5) If an application for a telephone restraining order is made, it must be supported by evidence on affidavit, as required under sections 10 and 10A (if applicable), as soon as practicable after the making of the application and not later than 2 working days after the order is made.

(6) In this section, "telephone" includes radio, facsimile, email or other means of communication.