Document ID: chunk:federal_register_of_legislation:C2025C00034:section:39:p2
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 39 (pt 2/3)
Character Range: 129846–132465

*effective control of property covered by a restraining order, to do anything necessary or convenient to bring the property within the jurisdiction.
Note 1: If there is a pecuniary penalty order that relates to the same offence as a restraining order, the court may also order the Official Trustee to pay an amount equal to the relevant pecuniary penalty out of property covered by the restraining order: see section 282.
Note 2: If there is an unexplained wealth order that relates to a restraining order under section 20A, the court may also order the Official Trustee to pay an amount equal to the unexplained wealth amount out of property covered by the restraining order: see section 282A.
 (2) The court can only make an ancillary order on the application of:
 (a) the *responsible authority; or
 (b) the owner of the property covered by the order; or
 (c) if the *Official Trustee was ordered to take custody and control of the property—the Official Trustee; or
 (d) any other person who has the leave of the court.
 (3) A person who applies for an ancillary order must give written notice of the application to all other persons entitled to make such an application.
 (3A) Despite subsection (3), the court must consider an application for an ancillary order without notice having been given under that subsection if:
 (a) the *responsible authority requests the court to do so; and
 (b) the *restraining order to which the application relates was considered, in accordance with subsection 26(4), without notice having been given.
 (4) An ancillary order may be made:
 (a) if it is made by the court that made the *restraining order—when making the restraining order; or
 (b) in any case—at any time after the restraining order is made.
 (4A) The court may, at any time before finally determining the application, direct the *responsible authority to give or publish notice of the application to a specified person or class of persons. The court may also specify the time and manner in which the notice is to be given or published.
 (4B) If the court makes the ancillary order after a request under subsection (3A), the *responsible authority must give written notice to any person whom the authority reasonably believes may be affected by the order.
 (5) An order that is ancillary to a *restraining order does not cease to have effect merely because the restraining order, or part of it, ceases to be in force under subsection 45(4) or (5).
Note: A restraining order ceases to be in force under those subsections if a confiscation order covering the same property or relating to the same offence is satisfied.