Enforcement of order against property under effective control
89N Enforcement of order against property under effective control
(1) The State may apply to the Supreme Court for an order declaring that
particular property is under the effective control of a person against whom
the court has made an unexplained wealth order (the
"controlling person" ).
(2) The commission or, if the application is made for
the State by a police officer, the commissioner of the police service must
give the following persons written notice of the application—
(b) anyone else the commission or the commissioner of the
police service considers may have an interest in the property.
(3) The
controlling person, and anyone else who claims an interest in the property,
may appear at the hearing of the application.
(4) If the court is satisfied
that the property is under the effective control of the controlling person,
the court may make an order declaring that the property is available to
satisfy the unexplained wealth order to the extent to which other property of
the controlling person is not readily available for the purpose.
(5) The
unexplained wealth order may be enforced against the property to the extent
stated in the declaration.
(6) The court may also make a restraining order in
relation to the property.
(7) The absence of a person required to be given
notice of the application does not prevent the court from making the order.
(8) Subsection (5) does not apply to property that is the subject of a
hardship order.
