Where:
(a) a foreign restraining order against property is registered in a court in Australia under the Mutual Assistance Act; or
(b) a court makes an order under section 61 in respect of property;
the court may, upon application by a person claiming an interest in the property, make an order as to the giving, or carrying out, of an undertaking by the DPP, on behalf of the Commonwealth, with respect to the payment of damages or costs in relation to the registration, making or operation of the order.