New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 10B

10B Contents and effect of restraining orders

(1) A restraining order does not apply to an interest in property acquired after the order is made unless the order expressly provides that it does so apply.

(2) The Supreme Court may, when it makes a restraining order (or during the time that it is in force) and if it considers that the circumstances so require, order the NSW Trustee and Guardian to take control of some or all of the interests in property that are interests to which the restraining order applies.

(3) A restraining order may, at the time it is made or a later time, provide for meeting out of the property, or a specified part of the property, to which the order applies all or any of the following--

(a) the reasonable living expenses of any person whose interests in property are subject to the restraining order (including the reasonable living expenses of any dependants),

(b) subject to section 16A, the reasonable legal expenses of any person whose interests in property are subject to the restraining order, being expenses incurred in connection with the application for the restraining order or an application for a confiscation order, or incurred in defending a criminal charge.

(3A) The Supreme Court may direct the NSW Trustee and Guardian to pay legal expenses with respect to which provision is made under this section in stages out of some or all of the property to which the restraining order applies that is under the control of the NSW Trustee and Guardian if the Supreme Court--

(a) is satisfied (by a bill of costs in assessable form or other evidence acceptable to the Supreme Court) that the reasonable legal expenses incurred at the time the direction is made exceed the amount prescribed by the regulations and that further expenses will be incurred, and

(b) it considers the circumstances so require.

(3B) Before making a direction under subsection (3A), the Supreme Court may refer the matter to a costs assessor (within the meaning of Part 7 of the Legal Profession Uniform Law Application Act 2014 ) for inquiry and report.

(3C) For the purpose of enabling the NSW Trustee and Guardian to comply with a direction under subsection (3A), the Supreme Court may order it to sell or otherwise dispose of any interest in the property concerned.

(4) A restraining order that is in force in respect of an interest of a person in property does not prevent--

(a) the levying or execution against the property in satisfaction, or partial satisfaction, of the debt arising under a proceeds assessment order or unexplained wealth order in force against the person, or

(b) with the consent of the Supreme Court, the sale or other disposition of the interest to enable the proceeds to be applied in satisfaction or partial satisfaction of that debt, or

(c) with the consent of the Supreme Court, the application of the interest in satisfaction or partial satisfaction of that debt.