New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 43A

43A Restraining orders--drug trafficker declarations

(1) An appropriate officer or a member of the Police Force may apply, ex parte, to the Supreme Court for a restraining order in relation to property the officer or member reasonably suspects belongs to, or is in the effective control of, a person (the
"defendant" )--

(a) against whom a drug trafficker declaration has been made, or

(b) charged with a serious drug offence and against whom an application for a drug trafficker declaration may be made if the person were to be convicted of the offence.

(2) The application must be supported by--

(a) for an application under subsection (1)(a)--a copy of the drug trafficker declaration, and

(b) for an application under subsection (1)(b)--an affidavit prepared by the officer or member setting out the grounds on which the officer or member reasonably suspects an application for a drug trafficker declaration may be made if the person were to be convicted of the offence, and

(c) an affidavit prepared by the officer or member setting out the grounds on which the officer or member reasonably suspects the property belongs to, or is in the effective control of, the defendant.

(3) The Court must not make a restraining order against the property of a person under this section unless the Court--

(a) has considered the declaration, if any, the affidavit and evidence adduced under section 44(1)(b), and

(b) is satisfied there are reasonable grounds for the officer or member reasonably suspecting the property belongs to, or is in the effective control of, the defendant.

(4) The Court may, by order--

(a) direct that the property, or part of the property, must not be disposed of, or otherwise dealt with, by the defendant or by another person, except in the way and in the circumstances specified in the order, and

(b) if the Court considers the circumstances require the direction--direct the NSW Trustee and Guardian to take control of the property or part of the property specified in the order.

(5) Section 43(5)-(9) applies to an application for, and the making of, a restraining order under this section in the same way as the provisions apply to an application for, and the making of, a restraining order under section 43.