Commonwealth Consolidated Acts

CRIMES (SUPERANNUATION BENEFITS) ACT 1989 - SECT 40

  (1)   Where an appropriate court makes a recovery order against a person, it may, on application by the DPP, if it thinks that particular property is subject to the effective control of the person, make an order declaring that the whole, or a specified part, of that property is available to satisfy the recovery order.

  (2)   Where a court declares that property is available to satisfy a recovery order:

  (a)   the recovery order may be enforced against the property as if the property were property of the person against whom the order is made; and

  (b)   a restraining order may be made in respect of the property as if the property were property of the person against whom the restraining order is made.

  (3)   Where the DPP applies for an order under subsection   ( 1) that property is available to satisfy a recovery order against a person:

  (a)   the DPP must give written notice of the application to the person and to any other person who the DPP has reason to believe may have an interest in the property; and

  (b)   the person and any person who claims an interest in the property may appear and adduce evidence at the hearing of the application.