Document ID: chunk:federal_register_of_legislation:C2018C00169:section:48:p1
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 48 (pt 1/4)
Character Range: 137820–140466

48  Court may make further orders
 (1) Where a court makes a restraining order, the court may, at the time when it makes the restraining order or at any later time, make any ancillary orders that the court considers appropriate and, without limiting the generality of this, the court may make any one or more of the following orders:
 (a) an order varying the property to which the restraining order relates;
 (b) an order varying any condition to which the restraining order is subject;
 (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;
 (d) an order with respect to the carrying out of any undertaking with respect to the payment of damages or costs given by the Commonwealth in connection with the making of the restraining order;
 (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;
 (e) where the restraining order directed the Official Trustee to take custody and control of property:
 (i) an order regulating the manner in which the Official Trustee may exercise its powers or perform its duties under the restraining order;
 (ii) an order determining any question relating to the property to which the restraining order relates, including any question relating to:
 (A) the liabilities of the owner; or
 (B) the exercise of the powers, or the performance of the duties, of the Official Trustee;
  with respect to the property to which the restraining order relates;
 (iii) an order directing the owner or another