Document ID: chunk:federal_register_of_legislation:C2004A04198:body:0:p14
Version: federal_register_of_legislation:C2004A04198
Segment Type: other
Provision Reference: 
Character Range: 34163–37053

(3) of the Principal Act before the commencement of this section.

Court may make further orders

  48. (1) Section 48 of the Principal Act is amended:

     (a) by omitting paragraph (1) (c) and substituting the following paragraph:

         "(c) an order for the examination on oath before the court or the registrar of the court of any person, including:

             (i) a person whose property is the subject of the restraining order (in this section called the 'owner'); or

              (ii) a person who is the defendant within the meaning of section 43 in relation to the offence to which the restraining order relates (in this subsection called the 'defendant');

         about the affairs (including the nature and location of any property) of:

             (iii) anyone else who is either the owner or the defendant, or both; and

             (iv) if the person to be examined is either the owner or the defendant or both—that person;";

     (b) by inserting after paragraph (1) (d) the following paragraph: "(da) an order directing:

           (i) the owner; or

              (ii) if the owner is not the defendant—the defendant; or

             (iii) if the owner or the defendant is a body corporate— a director of the body corporate specified by the court;

         to give to:

             (iv) where the restraining order is, or includes, an order made under paragraph 43 (2) (b)—the Official Trustee; and

           (v) in any other case—the applicant for the ancillary order or such other person as the court directs; within a period specified in the ancillary order, a statement sworn on oath setting out such particulars of the property, or dealings with the property, of the owner or the defendant, as the case may be, as the court thinks proper.";

     (c) by omitting subparagraph (1) (e) (iii) and substituting the following subparagraph:

         "(iii) an order directing the owner or another person to do any act or thing necessary or convenient to be done to enable the Official Trustee to take custody and control of the property in accordance with the restraining order;";

  (d) by inserting after subsection (2) the following subsection:

     "(2a) An ancillary order made before or after the commencement of this subsection in relation to a restraining order that is in force on or after that commencement does not cease to have effect merely because the restraining order, or part of it, ceases to be in force under paragraph 57 (2) (e) or (g).";

    (e)     by omitting from subsection (6a) "subsection (1) directs to furnish a statement to the Official Trustee" and substituting "paragraph (1) (da) directs to give a statement";

    (f)      by omitting from subsection (6a) "furnishing" and substituting "giving";

    (g)     by omitting from subsection (6b) "furnishes a statement to the Official Trustee" and substituting "gives a