Australian Capital Territory Numbered Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 35

    (1)     On application by the DPP, a relevant court hearing an application for a restraining order may give directions prohibiting or restricting the publication or disclosure of all or any of the following:

        (a)     the fact that an application for the order, or that a restraining order, has been made;

        (b)     the application for the order;

        (c)     the supporting affidavit for the order and any other affidavit filed in relation to the application;

        (d)     any information about the proceeding (whether or not a hearing has been held);

        (e)     any evidence given, statement made or thing done during the proceeding;

        (f)     any information, document or thing derived from anything mentioned in this subsection.

Examples of directions

1     that the application for the restraining order and a stated part of the supporting affidavit not be disclosed to the person against whom the restraining order is made until the court has decided an application for another restraining order against someone else's property

2     that the supporting affidavit must be made available only to the offender's lawyer

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)     In deciding whether to give a direction under subsection (1), the court must have regard to whether the direction—

        (a)     would promote the purposes of this Act; or

        (b)     is desirable to protect the integrity of an investigation (however described) for any purpose or a prosecution of an offence.

    (3)     The court may also have regard to any other relevant matter in deciding whether to give a direction under subsection (1).