Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(a) has been convicted of an indictable offence; or
(b) has been, or is about to be, charged with an indictable offence;
the DPP may apply to the Supreme Court for an order under subsection (2) against one or more of the following:
(c) specified property of the defendant;
(d) all the property of the defendant (including property acquired after the making of the order);
(e) all the property of the defendant (including property acquired after the making of the order) other than specified property;
(f) specified property of a person other than the defendant.
(2) Where the DPP applies to the Supreme Court for an order under this subsection against property, the Court may, subject to section 46, by order—
(a) direct that the property, or such part of the property as is specified in the order, is not to be disposed of, or otherwise dealt with, by any person, except in such manner and in such circumstances (if any) as are specified in the order; and
(b) if the Court is satisfied that the circumstances so require—direct the Public Trustee to take custody and control of the property, or of such part of the property as is specified in the order.
(3) A restraining order against a person's property may be made subject to such conditions as the Supreme Court thinks fit and, without limiting the generality of this, may make provision for meeting, out of the property or a specified part of the property, all or any of the following:
(a) the person's reasonable living expenses (including the reasonable living expenses of the person's dependants (if any) and reasonable business expenses;
(b) the person's reasonable expenses in defending a criminal charge;
(c) a specified debt incurred by the person in good faith (being a debt to which neither paragraph (a) nor (b) applies).
(4) The Supreme Court shall not make provision of a kind referred to in subsection (3) unless it is satisfied that the defendant cannot meet the expense or debt concerned out of property that is not subject to a restraining order.
(5) Where the Public Trustee is given a direction under paragraph (2) (b) in relation to property, the Public Trustee may do anything that is reasonably necessary for the purpose of preserving the property including, without limiting the generality of this—
(a) becoming a party to any civil proceedings affecting the property;
(b) ensuring that the property is insured;
(c) if the property consists, wholly or partly, of securities or investments—realising or otherwise dealing with the securities or investments; and
(d) if the property consists, wholly or partly, of a business—
(i) employing, or terminating the employment of, persons in the business; and
(ii) doing any other thing that is necessary or convenient for carrying on the business on a sound commercial basis.
(6) Where the Public Trustee is given a direction under paragraph (2) (b) in relation to shares in a company, he or she is entitled—
(a) to exercise the rights attaching to the shares as if he or she were the registered holder of the shares; and
(b) to do so to the exclusion of the registered holder.
(7) Neither paragraph (5) (c) nor subsection (6) limits the generality of the other.
(8) Where the DPP applies to the Supreme Court for an order under subsection (2), a witness shall not be required to answer a question or to produce a document if the Court is satisfied that the answering of the question or the production of the document may prejudice the investigation of, or the prosecution of a person for, an offence.
46 . (1) Where the offence concerned is a serious offence, the Supreme Court shall, subject to subsections (3), (4), (8) and (10), make a restraining order against the property.
(2) Where the offence concerned is an ordinary indictable offence the Supreme Court shall, subject to subsections (3), (4), (5), (6), (7) and (10), make a restraining order against the property unless the Court is satisfied that it is not in the public interest to make such an order.
(3) If the defendant has not been convicted of the offence concerned, the Supreme Court shall not make a restraining order unless—
(a) the application for the order is supported by an affidavit of a police officer stating that the officer believes that the defendant committed the offence; and
(b) the Court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for holding that belief.
(4) Where the application is made in reliance on the proposed charging of the defendant with the offence concerned, the Supreme Court shall not make a restraining order unless it is satisfied that the defendant will be charged with the offence or a related offence within 48 hours.
(5) Where—
(a) the offence concerned is an ordinary indictable offence; and
(b) the application seeks a restraining order against specified property of the defendant;
the Supreme Court shall not make a restraining order against the property unless—
(c) the application is supported by an affidavit of a police officer stating that the officer believes that—
(i) the property is tainted property in relation to the offence; or
(ii) the defendant derived a benefit, directly or indirectly, from the commission of the offence; and
(d) the Court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for holding that belief.
(6) Where—
(a) the offence is an ordinary indictable offence; and
(b) the application seeks a restraining order against—
(i) all the property of the defendant;
(ii) all the property of the defendant other than specified property; or
(iii) specified property of the defendant and all other property of the defendant;
the Supreme Court shall not make a restraining order against the property unless—
(c) the application is supported by an affidavit of a police officer stating that the officer believes that the defendant derived a benefit, directly or indirectly, from the commission of the offence; and
(d) the Court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for holding that belief.
(7) Where the application seeks a restraining order against specified property of a person other than the defendant and the offence concerned is an ordinary indictable offence, the Supreme Court shall not make a restraining order against the property unless—
(a) the application is supported by an affidavit of a police officer stating that—
(i) the officer believes that the property is tainted property in relation to the offence; or
(ii) the officer believes that—
(A) the property is subject to the effective control of the defendant; and
(B) the defendant derived a benefit, directly or indirectly, from the commission of the offence; and
(b) the Court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for holding that belief.
(8) Where the application seeks a restraining order against specified property of a person other than the defendant and the offence concerned is a serious offence, the Supreme Court shall not make a restraining order against the property unless—
(a) the application is supported by an affidavit of a police officer stating that—
(i) the officer believes that the property is tainted property in relation to the offence; or
(ii) the officer believes that the property is subject to the effective control of the defendant; and
(b) the Court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for holding that belief.
(9) The Supreme Court may make a restraining order in respect of property whether or not there is any risk of the property being disposed of, or otherwise dealt with, in such manner as would defeat the operation of this Act.
(10) The Supreme Court may refuse to make a restraining order if the Territory refuses or fails to give to the Court such undertakings as the Court considers appropriate with respect to the payment of damages or costs, or both, in relation to the making and operation of the order.
(11) For the purposes of an application under section 45, the DPP may, on behalf of the Territory, give to the Supreme Court such undertakings with respect to the payment of damages or costs, or both, as are required by the Court.
(12) An affidavit made by a police officer for the purposes of this section that states that the officer believes a particular matter shall set out the grounds on which the officer holds that belief.