Criminal Assets Confiscation Act 2005

Subject to subsection (4), the DPP must—

give written notice of an application for a restraining order covering property to—

the owner of the property (if the owner is known);

any other person the DPP reasonably believes may have an interest in the property; and

include with the notice a copy of the application and—

in the case of the owner—any affidavit supporting the application; or

in any other case—a notice that the person may request the

The DPP must comply with a request referred to in subsection (1)(b)(ii) as soon as practicable.

Subject to subsection (4), a court must not hear an application unless it is satisfied that the owner of the property to which the application relates has received reasonable notice of the application.

A court may, if the DPP requests, consider the application without notice having been given under subsection (1).

A court may, at any time before finally determining the application—

direct the DPP to give or publish notice of the application to a specified person or class of persons; and

specify the time and manner in which the notice is to be given or published.

A person who claims an interest in property may appear and adduce evidence at the hearing of the application.

A witness who is giving evidence relating to an application for a restraining order is not required to answer a question or produce a document if the court is satisfied that the answer or document may prejudice the investigation of, or the prosecution of a person for, an offence.