CONFISCATION ACT 1997 - SECT 26 Further orders
CONFISCATION ACT 1997 - SECT 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
S. 26(2)(b) amended by No. 68/2009 s. 97(Sch. item 23.21).
(b) the accused; 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
S. 26(2)(da) inserted by No. 43/1998
s. 13.
(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;
S. 26(5)(ga) inserted by No. 63/2003 s. 9(1), amended by No. 55/2014 s. 55(1).
(ga) if the restraining order did not direct a trustee or a person holding a prescribed position referred to in section 14(3) to take control of property in accordance with section 14(3), an order directing a trustee or a person holding a prescribed position referred to in that section to take control of property at any later time specified in the order under subsection (1);
S. 26(5)(h) amended by No. 55/2014 s. 55(2)(a).
(h) if the restraining order directed a trustee or a person holding a prescribed position referred to in section 14(3) to take control of property—
S. 26(5)(h)(i) amended by No. 55/2014 s. 55(2)(b).
(i) an order regulating the manner in which the trustee or the person holding a prescribed position may exercise powers or perform duties under the restraining order;
S. 26(5)(h)(ii) amended by No. 63/2003 s. 9(2)(a).
(ii) an order determining any question relating to the property;
S. 26(5)(i) inserted by No. 63/2003 s. 9(2)(b).
(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;
S. 26(5)(j) inserted by No. 63/2003 s. 9(2)(b).
(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 to s. 26 inserted by No. 42/2007 s. 18(Sch. item 6).
Note
Property is defined as including any interest in property: see section 3(1).