Supreme Court may exclude other property from restraining order
93ZM Supreme Court may exclude other property from restraining order
(1) If the Supreme Court makes a restraining order, a person other than the
prescribed respondent (the
"applicant" ) whose property is restrained under the order may apply to the
court to amend the order to exclude the applicant’s property from the order.
(2) The applicant must give written notice of the making of the application,
the grounds for the application and the facts relied on to the State and
anyone else who has an interest in the property.
(3) The grounds for the
application and the facts relied on must be stated fully in the notice.
(4)
The State must be a party to the application.
(5) Anyone else who is given
notice of the application may appear at the hearing of the application.
(6)
If the State proposes to oppose the application, the State must give the
applicant notice of intention to oppose the application.
(7) The State must
give the applicant notice of the grounds for opposing the application.
(8)
However—
(a) the State is not required to give the notice; and
(b) the
application may not be heard;
until the DPP has had a reasonable opportunity
to examine the applicant or a relevant person under an examination order,
whether or not an examination order has already been made.
(9) In this
section—
"relevant person" means a person other than the applicant who, on examination
under an examination order, may be able to give evidence relevant to the
application.
