Australian Capital Territory Numbered Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 250

    (1)     A relevant court may, when it makes an order in a confiscation proceeding (a primary order ) or at any later time, make any other order (an additional order ) that it considers appropriate for varying or giving effect to the primary order.

Examples of additional orders

1     an order for the examination of anyone before the court, or an officer of the court, about any property that may be forfeited property

2     an order directing the owner of forfeited property or anyone else to give to a stated person, within a stated period, a sworn statement about stated particulars of the forfeited property

3     an order directing the owner of forfeited property or anyone else to do anything necessary or convenient to be done to allow the public trustee to take control of the property in accordance with a forfeiture order, including anything necessary or convenient to be done to bring the property within the jurisdiction

4     an order in relation to the registration of title to, or charges over, property under a Territory law

5     an order for the substituted service of a restraining order

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     However, this section does not authorise a relevant court to make an additional order in relation to a restraining order or restrained property (including an order for the exclusion of property from a restraining order).

Note 1     For additional orders about restraining orders and restrained property, see s 39 and the notes to that section.

Note 2     For the power to give orders to give effect to an automatic forfeiture for conviction for a serious offence (which operates over restrained property), see s 60.

    (3)     An additional order may be made on the relevant court's own initiative, or on the application of any of the following people:

        (a)     the applicant for the primary order;

        (b)     the DPP;

        (c)     the public trustee;

        (d)     anyone with an interest in the property or benefits to which the application relates;

        (e)     anyone else with the court's leave.

    (4)     To remove any doubt, an additional order under this section does not end only because the order to which the additional order relates ends.