Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A relevant court may, when it makes a restraining order or at any later time before the order ends, make any additional order that the court considers appropriate in relation to the restraining order or restrained property (other than an order mentioned in subsection (2)).
Examples of additional orders
1 an order varying the property subject to the restraining order (other than an order excluding property from the restraining order)
2 an order authorising the disposal of the property subject to the restraining order to satisfy a penalty order
3 an order varying any condition to which the restraining order is subject.
4 an order that living or business expenses of a person, or legal expenses of a person to defend a criminal charge, be met out of restrained property
5 an order for the carrying out of any undertaking about the payment of damages or costs given by the Territory in relation to the making or operation of the restraining order
6 an order for the examination of anyone before the court, or an officer of the court, about the affairs (including the nature and location of any property) of the owner of restrained property or of the offender
7 an order for the examination of anyone before the court, or an officer of the court, about any property that may be tainted property
8 an order directing the owner of the restrained property or anyone else to give to a stated person, within a stated period, a sworn statement about stated particulars of the restrained property
9 an order directing the registrar-general not to register any instrument affecting restrained property except in accordance with the order
10 an order directing the owner of restrained property or anyone else to do anything necessary or convenient to be done to allow the public trustee and guardian to take control of the property in accordance with the restraining order, including anything necessary or convenient to be done to bring the property within the jurisdiction
11 if the restraining order directs the public trustee and guardian to take control of property, an order regulating how the public trustee and guardian may exercise functions under the restraining order or an order deciding any question about the property
Note For general provisions about additional orders under this section (which is a confiscation proceeding—see s 236), see pt 14.
(2) However, the court must not make any of the following orders under subsection (1):
(a) an order revoking or otherwise ending a restraining order;
(b) an order for the extension of the period a restraining order is to remain in force;
(c) an order for the exclusion of property from a restraining order.
Note 1 For the revocation of a restraining order, see s 43 and s 44.
Note 2 For the extension of the operation of a restraining order, see s 49.
Note 3 For the exclusion of property from a restraining order, see pt 6.
(3) Also, the court must not make an order that living or business expenses of a person, or legal expenses of a person to defend a criminal charge, be met out of restrained property unless the order is made in accordance with section 37 or section 38 (as appropriate).
(4) If the DPP proposes to oppose an application by a person under this section for an additional order, the DPP must give the applicant, and anyone else to whom notice of the application was given, written notice of the grounds on which the application will be opposed.
(5) To remove any doubt, an additional order under this section does not end only because the restraining order ends or the property to which the additional order relates ceases to be restrained property.