The general ancillary order power in s 39 of the Proceeds of Crime Act 2002 (Cth) cannot be used to exclude a specified interest in property from a restraining order; such exclusion can only be sought under s 29, which imposes specific conditions including that the applicant demonstrate the interest is not proceeds of unlawful activity. Where a restraining order provides for sale proceeds to be held by the Official Trustee, the whole of those proceeds is restrained regardless of whether encumbrances contemplated by the order were discharged from other sources before settlement.
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