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CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 30 Court may make further orders

CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 30

Court may make further orders

(1)  If the Supreme Court makes a restraining order, it may, at the time it makes the order or at any later time, make any ancillary orders that it considers appropriate and, without limiting the generality of this, may make any one or more of the following orders:
(a) an order varying the property to which the restraining order relates;
(b) an order varying any condition to which the restraining order is subject;
(c) an order for the examination on oath of –
(i) a person (in this section called "the owner" ) whose property is subject to the restraining order; or
(ii) the defendant –
before the court or the Registrar of the court concerning the affairs of the owner or the defendant, or both of them, including the nature and location of any property of the owner or the defendant or of them both;
(d) an order with respect to the carrying out of any undertaking with respect to the payment of damages or costs given by the State in connection with the making of the restraining order;
(e) an order directing –
(i) the owner; or
(ii) if the owner is not the defendant – the defendant; or
(iii) if the owner or the defendant is a corporation – a director of the corporation specified by the court –
to give to –
(iv) if the restraining order is, or includes, an order made under section 26 (2) (b) – the Public Trustee; and
(v) in any other case – the applicant for the order or such other person as the court directs –
within such period as is specified in the order, a statement verified by the oath of the person making the statement setting out such particulars of the property or dealings with the property of the owner or defendant, as the case may be, as the court thinks proper;
(f) if the restraining order directed the Public Trustee to take custody and control of property –
(i) an order regulating the manner in which the Public Trustee may exercise the Public Trustee's powers or perform the Public Trustee's duties under the restraining order; or
(ii) an order determining any question relating to the property to which the restraining order relates, including any question relating to –
(A) the liabilities of the owner; or
(B) the exercise of the powers or the performance of the duties of the Public Trustee –
with respect to the property to which the restraining order relates; or
(iii) an order directing the owner, or another person, to do any act or thing necessary or convenient to be done to enable the Public Trustee to take custody and control of the property in accordance with the restraining order.
(2)  An order under subsection (1) may be made by the Supreme Court on its own motion or on the application of –
(a) an authorized officer; or
(b) the owner; or
(c) if the restraining order directed the Public Trustee to take custody and control of property – the Public Trustee; or
(d) with the leave of the Supreme Court – any other person.
(3)  A person who is examined before the Supreme Court or the Registrar of the court pursuant to an order under subsection (1) is not excused from answering a question when required to do so by the court or Registrar, as the case may be, on the ground that the answer to the question might tend to incriminate the person or render the person liable to a forfeiture or penalty.
(4)  If a person is examined before the Supreme Court or the Registrar of the court pursuant to an order under subsection (1) , a statement or disclosure made by the person in answer to a question put in the course of the examination is not admissible against the person in any criminal proceedings other than a proceeding for giving false testimony in the course of the examination.
(5)  A person who is directed to furnish a statement to the Public Trustee pursuant to an order under subsection (1) is not excused from –
(a) furnishing the statement; or
(b) setting out particulars in the statement –
on the ground that the statement or particulars, as the case may be, might tend to incriminate the person or render the person liable to a forfeiture or penalty.
(6)  If a person furnishes a statement to the Public Trustee pursuant to an order under subsection (1) , the statement is not admissible against the person in any criminal proceedings other than a proceeding in respect of the falsity of the statement.
(7)  For the purposes of subsections(4) and ( 6 ), proceedings on an application for a restraining order, forfeiture order or pecuniary penalty order are not criminal proceedings.
(8)  A person who makes an application under this section in relation to a restraining order is to give written notice of the application to each other person who is entitled, by virtue of subsection (2) , to make an application under this section in relation to the restraining order.
(9)  A person who is ordered to attend an examination referred to in subsection (1) (c) must not –
(a) without reasonable excuse – fail to attend as required by the order; or
(b) without reasonable excuse – fail to attend from day to day until the conclusion of the examination; or
(c) refuse or fail to take an oath or make an affirmation for the purpose of the examination; or
(d) refuse or fail to answer a question that the person is directed by the Supreme Court or the Registrar of the court to answer; or
(e) make a statement in the course of the examination that is false or misleading in a material particular.
Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both.