Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 26

    (1)     The DPP may apply to a relevant court for a restraining order over any of the following:

        (a)     stated property of a person;

        (b)     stated property of a person and all other property of the person (including property acquired after the making of the order);

        (c)     all property of a person (including property acquired after the making of the order);

        (d)     all property of a person (including property acquired after the making of the order) other than stated property.

Note 1     A reference to a person generally includes a reference to a corporation as well as an individual, see the Legislation Act

, s 160. (See also the Legislation Act

, dict, pt 1, def "person".)

Note 2     Property includes an interest in property, see the Legislation Act

, dict, pt 1.

    (2)     The application must state the following:

        (a)     the offence to which the application relates;

        (b)     when it is alleged the offence was committed;

        (c)     the person who is alleged to have committed the offence;

        (d)     the person whose property the application relates to;

        (e)     the property sought to be restrained (including whether it is property of the offender or someone else);

Note     Offender includes a corporation, see dict.

        (f)     whether the application is for an artistic profits restraining order.

    (3)     The application must be supported by an affidavit under section 29 (Restraining orders over other property—affidavit supporting application).

    (4)     For subsection (2) (a), the application need not specify a particular offence and it is sufficient if the application states that some offence or other was committed.

    (5)     For subsection (2) (b), the application need not specify a particular time or day and it is sufficient if the application states a period within which the offence was committed.

    (6)     To remove any doubt—

        (a)     an application for a restraining order under this section may be made in relation to an interest (or interests) in property; and

Note     Property includes an interest in property, see the Legislation Act

, dict, pt 1.

        (b)     an application for a restraining order under this section may be made in relation to 2 or more offences; and

        (c)     an application for a restraining order under this section may be made in relation to the property of 2 or more people; and

        (d)     this section does not apply to an application for—

              (i)     a restraining order over unclaimed tainted property; or

              (ii)     an unexplained wealth restraining order.