Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 26

Further orders

26. Further orders



(1) The court may, when it makes a restraining order or at any later time,
make such orders in relation to the property to which the restraining order
relates as it considers just.

(2) An order under subsection (1) may be made on the application of-

   (a)  the applicant for the restraining order; or

   (b)  the defendant; or

   (c)  a person to whose property the restraining order relates or who has an
        interest in that property; or

   (d)  a trustee-if the restraining order directed the trustee to take
        control of property; or

   (da) a prescribed person, or a person belonging to a prescribed class of
        persons; or



   (e)  any other person who obtains the leave of the court to apply.

(3) Any person referred to in subsection (2) is entitled to appear and to give
evidence at the hearing of an application under this section but the absence
of that person does not prevent the court from making an order.

(4) The applicant for an order under subsection (1) must give written notice
of the application to each other person referred to in paragraphs (a) to (d)
of subsection (2) who could have applied for the order.

(5) Examples of the kind of order that the court may make under subsection (1)
are-

   (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 providing for the reasonable living expenses and reasonable
        business expenses of any person referred to in section 14(4);

   (d)  an order relating to the carrying out of any undertaking given under
        section 14(7) in relation to the restraining order;

   (e)  an order for examination under Part 12;

   (f)  an order directing any person whose property the restraining order
        relates to or any other person to furnish to such person as the court
        directs, within the period specified in the order, a statement,
        verified by the oath or affirmation of that person, setting out such
        particulars of the property to which the restraining order relates as
        the court thinks proper;

   (g)  an order directing any relevant registration authority not to register
        any instrument affecting property to which the restraining order
        relates while it is in force except in accordance with the order;

   (ga) if the restraining order did not direct a trustee to take control of
        property in accordance with section 14(3), an order directing a
        trustee to take control of property at any later time specified in the
        order under subsection (1);

   (h)  if the restraining order directed a trustee to take control of
        property-

   (i)  an order regulating the manner in which the trustee may exercise
        powers or perform duties under the restraining order;

   (ii) an order determining any question relating to the property;

        (i)    an order directing a person to whose property the restraining
               order relates or who has an interest in that property to use or
               manage specified property to which the restraining order
               relates, subject to conditions specified in the order;

   (j)  an order directing a person prescribed for the purposes of subsection
        (2)(da), if that person so consents, to do any activity specified in
        the order that is reasonably necessary for the purpose of managing
        specified property to which the restraining order relates.

Example The court may direct the carrying out of repairs on restrained
premises. Note Property is defined as including any interest in property: see
section 3(1).