CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 40
CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 40
(1) The court that
made a restraining order, or any other court that could have made the
restraining order, may make any ancillary orders that the court considers
appropriate including (without limiting the generality of this subsection) any
of the following orders—
(a) an
order varying the property covered by the restraining order;
(b) an
order varying a condition to which the restraining order is subject;
(c) an
order relating to an undertaking required under section 26;
(d) an
order directing the owner of the property (including, if the owner is a body
corporate, a specified director of the body corporate) to give a sworn
statement to a specified person, within a specified period, setting out
particulars of, or dealings with, the property;
(e) if
the Administrator is ordered under section 39 to take custody and control
of property, an order—
(i)
regulating the manner in which the Administrator may
exercise its powers or perform its duties under the restraining order; or
(ii)
determining any question relating to the property,
including a question relating to the liabilities of the owner or the exercise
of powers or the performance of duties of the Administrator; or
(iii)
directing any person to do anything necessary or
convenient to enable the Administrator to take custody and control of the
property;
(f) an
order giving directions about the operation of the restraining order
and—
(i)
a forfeiture order that covers the same property as the
restraining order; or
(ii)
a pecuniary penalty order or a literary proceeds order
that relates to the same serious offence as the restraining order;
(g) an
order requiring a person whose property is covered by a restraining order to
do anything necessary or convenient to bring the property within the State.
(2) The court may only
make an ancillary order on the application of—
(a) the
DPP; or
(b) the
owner of the property covered by the order; or
(c) if
the Administrator was ordered to take custody and control of the
property—the Administrator; or
(d) any
other person who has the permission of the court.
(3) A person who
applies for an ancillary order must give written notice of the application to
all other persons entitled to make such an application.
(4) A court may, if
the DPP requests, consider the application without notice having been given
under subsection (3).
(5) An ancillary order
may be made—
(a) if
made by the court that made the restraining order—when making the
restraining order; or
(b) in
any case—at any time after the restraining order is made.
(6) An order that is
ancillary to a restraining order does not cease to have effect merely because
the restraining order, or part of it, ceases to be in force under
section 46(4) or (5).