Document ID: chunk:federal_register_of_legislation:C2018C00169:section:43:p1
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 43 (pt 1/2)
Character Range: 125489–128145

43  Restraining orders
 (1) Where a person (in this section and section 44 called the defendant):
 (a) has been convicted of an indictable offence; or
 (b) has been, or is about to be, charged with an indictable offence;
the DPP may apply to the relevant Supreme Court for an order under subsection (2) against one or more of the following:
 (c) specified property of the defendant;
 (d) all the property of the defendant (including property acquired after the making of the order);
 (e) all the property of the defendant (including property acquired after the making of the order) other than specified property;
 (f) specified property of a person other than the defendant.
 (2) Where the DPP applies to a court for an order under this subsection against property, the court may, subject to section 44, by order:
 (a) direct that the property, or such part of the property as is specified in the order, is not to be disposed of, or otherwise dealt with, by any person, except in such manner and in such circumstances (if any) as are specified in the order; and
 (b) if the court is satisfied that the circumstances so require—direct the Official Trustee to take custody and control of the property, or of such part of the property as is specified in the order.
 (2A) The DPP is not empowered to make an application under this section after the commencement of the Proceeds of Crime Act 2002.
 (3) A restraining order against a person's property may be made subject to such conditions as the court thinks fit and, without limiting the generality of this, may make provision for meeting, out of the property or a specified part of the property, all or any of the following:
 (a) the person's reasonable living expenses (including the reasonable living expenses of the person's dependants (if any)) and reasonable business expenses;
 (b) the person's reasonable expenses in defending a criminal charge;
 (c) a specified debt incurred by the person in good faith (being a debt to which neither paragraph (a) nor (b) applies).
 (4) A court shall not make provision of a kind referred to in subsection (3) unless it is satisfied that the defendant cannot meet the expense or debt concerned out of property that is not subject to a restraining order.
 (5) Notwithstanding anything in the Bankruptcy Act, money that has come into the custody and control of the Official Trustee under a restraining order shall not be paid into the Common Investment Fund established under section 20B of that Act.
 (6) Where the Official Trustee is given a direction under paragraph (2)(b) in relation to property, the Official Trustee may do anything that is reasonably necessary