Criminal Assets Confiscation Act 2005

The court that made a restraining order, or any other court that could have made the restraining order, may make any ancillary orders that the court considers appropriate including (without limiting the generality of this subsection) any of the following orders—

an order varying the property covered by the restraining order;

an order varying a condition to which the restraining order is subject;

an order relating to an undertaking required under section 26;

an order directing the owner of the property (including, if the owner is a body corporate, a specified director of the body corporate) to give a sworn statement to a specified person, within a specified period, setting out particulars of, or dealings with, the property;

if the Administrator is ordered under section 39 to take custody and control of property, an order—

regulating the manner in which the Administrator may exercise its powers or perform its duties under the restraining order; or

determining any question relating to the property, including a question relating to the liabilities of the owner or the exercise of powers or the performance of duties of the Administrator; or

directing any person to do anything necessary or convenient to enable the Administrator to take custody and control of the property;

an order giving directions about the operation of the restraining order and—

a forfeiture order that covers the same property as the restraining order; or

a pecuniary penalty order or a literary proceeds order that relates to the same serious offence as the restraining order;

an order requiring a person whose property is covered by a restraining order to do anything necessary or convenient to bring the property within the State.

The court may only make an ancillary order on the application of—

the DPP; or

the owner of the property covered by the order; or

if the Administrator was ordered to take custody and control of the property—the Administrator; or

any other person who has the permission of the court.

A person who applies for an ancillary order must give written notice of the application to all other persons entitled to make such an application.

A court may, if the DPP requests, consider the application without notice having been given under subsection (3).

An ancillary order may be made—

if made by the court that made the restraining order—when making the restraining order; or

in any case—at any time after the restraining order is made.

An order that is ancillary to a restraining order does not cease to have effect merely because the restraining order, or part of it, ceases to be in force under section 46(4) or (5).