Criminal Property Forfeiture Act 2002

Subject to section 135, the Local Court may, on application by a police officer or the DPP, make a restraining order in relation to property specified in the application if there are reasonable grounds for suspecting that the property is crime-used or crime-derived.

The Supreme Court may, on application by the DPP, make a restraining order in relation to property specified in the application in any of the following cases:

if there are reasonable grounds for suspecting that the property is crime-used or crime-derived;

if the property is a subject of an examination order, whether or not the person to whom the examination order is directed owns or effectively controls the property;

if the property is funds held in an account that is a subject of a monitoring order;

if the property is funds held in an account to which a suspension order applies.

Subsection (2) also applies to property where the court is advised that an application has been made, or it is intended that within 21 days after the application for the restraining order an application will be made, for the examination order, monitoring order or suspension order (as the case may be).