New South Wales Consolidated Acts

VICTIMS SUPPORT AND REHABILITATION ACT 1996 - SECT 58F

58F Making of restraining order

(1) On an application under section 58E relating to a defendant charged with, or convicted of, an offence, the Supreme Court may make a restraining order in relation to the defendant’s property or property under the effective control of the defendant, if it is satisfied (on the information contained in or accompanying the application) that:

(a) the defendant has been charged with an offence in relation to which an act of violence occurred resulting in an injury to a victim for which statutory compensation may be paid or has been convicted of an offence in relation to which any such act of violence occurred, and

(b) amounts of statutory compensation are or are likely to be payable, and

(c) it is appropriate to make the order in the circumstances of the case.

(2) On application under section 58E relating to a defendant who was a party to a scheme to avoid a liability (whether actual or potential) under Division 8, the Supreme Court may make a restraining order in relation to the defendant’s property or property under the control of the defendant, if it is satisfied (on the information contained in or accompanying the application) that:

(a) the defendant was a party to a scheme to avoid a liability (whether actual or potential) under Division 8 and obtained property under that scheme without giving sufficient consideration, and

(b) an order has been, or may be, made against the defendant under section 46A, and

(c) it is appropriate to make the restraining order in the circumstances of the case.

(3) Without limiting this section, in considering whether to make a restraining order, the Supreme Court is to consider the effect of any proposed order on the defendant’s ability to pay his or her reasonable living expenses or those of his or her dependents or on the defendant’s ability to meet legal expenses.

(4) The Supreme Court may not make a restraining order in relation to property if the property is affected by a restraining order in force under the Criminal Assets Recovery Act 1990 or the Confiscation of Proceeds of Crime Act 1989 .

(5) A restraining order may be made in relation to property under the Criminal Assets Recovery Act 1990 or the Confiscation of Proceeds of Crime Act 1989 even though the property is subject to a restraining order under this Act.