CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 12 Supreme Court may make further orders

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 12

12 Supreme Court may make further orders

(1) The Supreme Court may, when it makes a restraining order or at any later time, make any ancillary orders (whether or not affecting a person whose interests in property are subject to the restraining order) that the Court considers appropriate and, without limiting the generality of this, the Court may make any one or more of the following orders--

(a) an order varying the interests in property to which the restraining order relates,

(b) an order for the examination on oath of--

(i) the owner of an interest in property that is subject to the restraining order, or

(ii) another person,

before the Court, or before an officer of the Court prescribed by rules of court, concerning the affairs of the owner, including the nature and location of any property in which the owner has an interest,

(b1) an order for the examination on oath of a person who is the spouse or a de facto partner of the owner of an interest in property that is subject to the restraining order, before the Court or before an officer of the Court prescribed by the rules of court, concerning the affairs of the person, including the nature and location of any property in which the person or that owner has an interest,

(c) an order with respect to the carrying out of any undertaking with respect to the payment of damages or costs given on behalf of the State in connection with the making of the restraining order,

(c1) an order directing a person who is or was the owner of an interest in property that is subject to the restraining order or, if the owner is or was a body corporate, a director of the body corporate specified by the Court, to furnish to the Commission or NSW Trustee and Guardian, within a period specified in the order, a statement, verified by the oath of the person making the statement, setting out such particulars of the property, or dealings with the property, in which the owner has or had an interest as the Court thinks proper,

(d) if the restraining order requires the NSW Trustee and Guardian to take control of an interest in property--

(i) an order regulating the manner in which the NSW Trustee and Guardian may exercise functions under the restraining order, or

(ii) an order determining any question relating to the interest, including any question affecting the liabilities of the owner of the interest or the functions of the NSW Trustee and Guardian, or

(e) an order requiring or authorising the seizure or taking possession of property.

Note : "De facto partner" is defined in section 21C of the Interpretation Act 1987 .

(2) An order under subsection (1) may be made on application--

(a) by the Commission, or

(b) by the owner, or

(c) if the restraining order directed the NSW Trustee and Guardian to take control of an interest in property--by the NSW Trustee and Guardian, or

(d) with the leave of the Supreme Court--by any other person.

(3) The applicant for an order under subsection (1) must give notice of the order--

(a) if the applicant is a person referred to in subsection (2) (a), (b) or (c)--to the other persons referred to in those paragraphs, or

(b) if the applicant is a person referred to in subsection (2) (d)--to the persons referred to in subsection (2) (a)-(c).