South Australian Current Acts

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CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 131

131—Examination orders relating to restraining orders

        (1)         If an application for a restraining order has been made or a restraining order is in force, a relevant court may, on the application of the DPP, make an order (an "examination order") for the examination of any person, including—

            (a)         a person whose property is to be or is, or a person who has or claims an interest in property that is to be or is, the subject of the restraining order; or

            (b)         a person identified in the affidavit or other evidence submitted in support of the application for the restraining order as a suspect for the serious offence to which the restraining order relates; or

            (c)         a spouse or domestic partner of a person referred to in paragraph (a) or (b),

about the affairs (including the nature and location of any property) of a person referred to in paragraph (a), (b) or (c).

        (2)         An examination order ceases to have effect if the restraining order to which it relates ceases to have effect.

        (3)         In this section—

"relevant court" means—

            (a)         if an application for a restraining order has been made—the court to whom the application has been made; or

            (b)         if a restraining order is in force—the court that made the restraining order or any other court that could have made the restraining order.



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