Document ID: chunk:federal_register_of_legislation:C2025C00155:section:243e:p2
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 243E (pt 2/3)
Character Range: 1595562–1598176

directing 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
 (ii) if the Court is satisfied that the circumstances so require—direct the Official Trustee to take custody and control of the property, or such part of the property as is specified in the order; and
 (d) may, subject to subsection (3), include in the order such provision (if any) in relation to the operation of the order as the Court thinks fit.
 (2A) Where an application under subsection (1) seeks an order under paragraph (2)(c) against specified property of a person other than the defendant, the Court shall not make the order unless:
 (a) the application is supported by an affidavit of a police officer or an officer of Customs stating that the officer believes that the property is subject to the effective control of the defendant; and
 (b) the Court considers that, having regard to the matters contained in that affidavit, there are reasonable grounds for holding that belief.
 (3) Paragraph (2)(d) does not authorize the Court to include in the order a provision postponing the operation of the order.
 (4) Without limiting the power of the Court under paragraph (2)(d), the order against property:
 (a) may set out conditions subject to which the order is to apply to all of that property, or to a specified part of that property;
 (b) may make provision for a review of the operation of the order by the Court; and
 (c) may make provision for meeting the reasonable living and business expenses of the defendant out of that property, or out of a specified part of that property.
 (4A) The Court shall not make provision of the kind referred to in paragraph (4)(c) unless it is satisfied that the defendant cannot meet the expenses concerned out of property that is not subject to the order.
 (5) The Court may refuse to make the order if the Commonwealth refuses or fails to give to the Court such undertakings as the Court deems appropriate with respect to the payment of damages or costs, or both, in relation to the making and operation of the order.
 (6) For the purposes of an application under subsection (1), the Minister, the Commissioner of Police, the Comptroller‑General of Customs or the Director of Public Prosecutions may, on behalf of the Commonwealth, give to the Court such undertakings with respect to the payment of damages or costs, or both, as are required by the Court.
 (7) Notwithstanding anything contained in the Bankruptcy