South Australian Numbered Acts South Australian Numbered Acts (1) Subject to
subsection (4), the DPP must—
(a) give
written notice of an application for a restraining order covering property
to—
(i)
the owner of the property (if the owner is known); and
(ii)
any other person the DPP reasonably believes may have an
interest in the property; and
(b)
include with the notice a copy of the application and—
(i)
in the case of the owner—any affidavit supporting
the application; or
(ii)
in any other case—a notice that the person may
request the DPP give the person a copy of any affidavit supporting the
application.
(2) The DPP must
comply with a request referred to in subsection (1)(b)(ii) as soon as
practicable.
(3) Subject to
subsection (4), a court must not hear an application unless it is
satisfied that the owner of the property to which the application relates has
received reasonable notice of the application.
(4) A court may, if
the DPP requests, consider the application without notice having been given
under subsection (1).
(5) A court may, at
any time before finally determining the application—
(a)
direct the DPP to give or publish notice of the application to a specified
person or class of persons; and
(b)
specify the time and manner in which the notice is to be given or published.
(6) A person who
claims an interest in property may appear and adduce evidence at the hearing
of the application.
(7) A witness who is
giving evidence relating to an application for a restraining order is not
required to answer a question or produce a document if the court is satisfied
that the answer or document may prejudice the investigation of, or the
prosecution of a person for, an offence.