Australian Capital Territory Numbered Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 37

    (1)     A relevant court may, in a restraining order or an order under section 39 (Additional orders about restraining orders and restrained property) varying a restraining order, allow any of the following expenses to be met out of the restrained property of a person, or a stated part of the property:

        (a)     the living and business expenses of the person (other than the person's legal expenses in defending a criminal charge);

        (b)     the living expenses of a dependant of the person.

Note     For legal expenses in defending a criminal charge, see s 38.

    (2)     However, the court must not allow expenses to be met out of restrained property unless the person satisfies the court that—

        (a)     the expenses are reasonable; and

        (b)     the expenses are necessary to avoid severe hardship to the person or the person's dependants; and

        (c)     the expenses cannot be met out of property of the person not subject to a restraining order; and

        (d)     any property to be released from restraint for the expenses was lawfully acquired by the person, is not tainted property and does not have evidentiary value in any criminal proceeding.

    (3)     The regulations may—

        (a)     prescribe matters to which the court may, must or must not have regard for subsection (2) (a) or (b); and

        (b)     prescribe, or make provision in relation to, the maximum amount of living or business expenses of a person that may be allowed (for a period or otherwise).

    (4)     Regulations made for this section may apply, adopt or incorporate (with or without change) a provision of a law of the Commonwealth or a State, or an instrument, as in force from time to time.

Note 1     The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see  s 47 (7)).

Note 2      A notifiable instrument must be notified under the Legislation Act.

    (5)     In this section:

"dependant", of a person, means the person's domestic partner or a child of the person.

"domestic partner", of a person, means a person who lives with the person in a domestic partnership, and includes a spouse.

"domestic partnership "means the relationship between 2 people, whether of a different or the same sex, living together as a couple on a genuine domestic basis.