Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 14

PART 2 RESTRAINING ORDERS

Restraining orders

14. Restraining orders



(1) A restraining order is an order that no property or interest in property,
that is property or an interest to which the order applies, is to be disposed
of, or otherwise dealt with by any person except in the manner and
circumstances (if any) specified in the order.

(2) If a provision of this Act confers a power to apply for a restraining
order in respect of property in which a person has an interest, the
application may be made in respect of one or more of the following-

   (a)  specified property of the person;

   (b)  all the property of the person, including property acquired after the
        making of the order;

   (c)  specified property of the person and all other property of the person,
        including property acquired after the making of the order;

   (d)  all the property of the person, including property acquired after the
        making of the order, other than specified property;

   (e)  specified property of another person.

(3) If the court making a restraining order considers that the circumstances
so require, the order may direct a trustee specified in the order to take
control of some or all of the property specified in the order.





(4) A restraining order may, at the time it is made or at a later time,
provide for meeting-

   (a)  the reasonable living expenses (including the reasonable living
        expenses of any dependants); and

   (b)  reasonable business expenses-

of any person to whose property the order applies if the court that makes or
made the order is satisfied that these expenses cannot be met from
unrestrained property or income of the person.

(5) A court, in making a restraining order, must not provide for the payment
of legal expenses in respect of any legal proceeding, whether criminal or
civil, and whether in respect of a charge to which the restraining order
relates or otherwise.

(6) Subject to subsections (4) and (5), a restraining order may be made
subject to any conditions that the court thinks fit.

(7) The court may refuse to make a restraining order if the DPP or another
person or body on behalf of the State refuses or fails to give to the court
any undertakings that the court considers appropriate concerning the payment
of damages or costs in relation to the making and operation of the order.