South Australian Current Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 24

24—Restraining orders

        (1)         A court must, on application by the DPP, make an order (a "restraining order") that specified property must not be disposed of or otherwise dealt with by any person (except in the manner and circumstances, if any, specified in the order) if satisfied that—

            (a)         a person has been convicted of, or has been charged with, a serious offence, or it is proposed that the person be charged with a serious offence; or

            (b)         a person is suspected on reasonable grounds of having committed a serious offence; or

            (c)         there are reasonable grounds to suspect that the property is the proceeds of, or is an instrument of, a serious offence (whether or not the identity of the person who committed the offence is known); or

            (d)         there are reasonable grounds to suspect that a person has committed a serious offence and has derived literary proceeds in relation to the offence.

        (2)         An application for an order under this section must specify the property to which the application relates.

        (3)         The DPP may submit evidence in support of the application in the form of an affidavit.

        (4)         Subject to subsections (5) and (5a) and Division 3, the court must specify in the restraining order all property specified in the application for the order.

        (5)         The court may only specify property in a restraining order made under subsection (1)(a),(b) or (d) if satisfied that there are reasonable grounds to suspect that the property is—

            (a)         in the case of a restraining order made under subsection (1)(a) or (b)—

                  (i)         property of the suspect; or

                  (ii)         property of another person (whether or not that other person's identity is known) that—

                        (A)         is subject to the effective control of the suspect; or

                        (B)         is proceeds of, or is an instrument of, the serious offence; or

            (b)         in the case of a restraining order made under subsection (1)(d)—

                  (i)         property of the suspect; or

                  (ii)         property of another person (whether or not that other person's identity is known) that is subject to the effective control of the suspect.

        (5a)         The court may not specify property in a restraining order that is protected property of a person unless subsection (1)(c) applies to the property.

        (6)         The court must make a restraining order even if there is no risk of the property being disposed of or otherwise dealt with.

        (7)         The court may specify that a restraining order covers property that is acquired by the suspect after the court makes the order.

        (8)         A restraining order may be made subject to conditions.