Supreme Court of Judicature (Organised Crime) Rules 2016 · As enacted · Part 3 · Confiscation of Benefits
12. Restraint orders and charging orders
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A restraint order may be made subject to conditions and exceptions, including —
conditions relating to the indemnifying of third parties against expenses incurred in complying with the order; and
exceptions relating to living expenses and legal expenses of the subject,but the Public Prosecutor is not required to give an undertaking to abide by any order as to damages sustained by the subject as a result of the restraint order.
Where a restraint order is made, the Public Prosecutor must —
unless the Court otherwise provides, serve copies of the order and the supporting affidavit on the subject and on all other named persons restrained by the order; and
notify all other persons or bodies affected by the order of its terms.
Where a charging order is made, the Public Prosecutor must —
unless the Court otherwise directs, serve copies of the order and the supporting affidavit on —
the subject; and
where property to which the order relates is held by another person, that person; and
serve a copy of the order on the Accountant-General or the company the securities of which are the subject of the charging order, as is appropriate.
Subregulation 1
A restraint order may be made subject to conditions and exceptions, including —
conditions relating to the indemnifying of third parties against expenses incurred in complying with the order; and
exceptions relating to living expenses and legal expenses of the subject,but the Public Prosecutor is not required to give an undertaking to abide by any order as to damages sustained by the subject as a result of the restraint order.
Subregulation 2
Where a restraint order is made, the Public Prosecutor must —
unless the Court otherwise provides, serve copies of the order and the supporting affidavit on the subject and on all other named persons restrained by the order; and
notify all other persons or bodies affected by the order of its terms.
Subregulation 3
Where a charging order is made, the Public Prosecutor must —
unless the Court otherwise directs, serve copies of the order and the supporting affidavit on —
the subject; and
where property to which the order relates is held by another person, that person; and
serve a copy of the order on the Accountant-General or the company the securities of which are the subject of the charging order, as is appropriate.