CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 27
CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 27
27—Order allowing expenses to be paid out of restrained property
(1) A court that has
made a restraining order may (when the restraining order is made or at a later
time) order that one or more of the following may be met out of property, or a
specified part of property, covered by the restraining order:
(a) the
reasonable living expenses of the person whose property is restrained;
(b) the
reasonable living expenses of any of the dependants of that person;
(c) the
reasonable business expenses of that person;
(d) a
specified debt incurred in good faith by that person.
(2) The court may only
make an order under subsection (1) if—
(a) the
person whose property is restrained has applied for the order; and
(b) the
person has notified the DPP, in writing, of the application and the grounds
for the application; and
(c) the
person has disclosed all of his or her interests in property, and his or her
liabilities, in a statement on oath that has been filed in the court; and
(d) the
court is satisfied that the expense or debt does not, or will not, relate to
legal costs that the person has incurred, or will incur, in connection
with—
(i)
proceedings under this Act; or
(ii)
proceedings for an offence against a law of the
Commonwealth, a State or a Territory; and
(e) the
court is satisfied that the person cannot meet the expense or debt out of
property that is not covered by—
(i)
a restraining order; or
(ii)
a recognised Australian restraining order; or
(iii)
a foreign restraining order that is registered under the
Mutual Assistance Act.
(3) Property that is
covered by—
(a) a
restraining order; or
(b) a
recognised Australian restraining order; or
(c) a
foreign restraining order that is registered under the Mutual Assistance Act,
is taken, for the purposes of subsection (2)(e), not to be covered by the
order if it would not be reasonably practicable for the Administrator to take
custody and control of the property.