Supreme Court of Judicature (Organised Crime) Rules 2016 · As enacted · Part 3 · Confiscation of Benefits
13. Application for discharge or variation of restraint order or charging order
Feedback & supportAny person or body on whom a restraint order or a charging order is served or who is notified of such an order may file an application, with one or more supporting affidavits, to discharge or vary the order.
The application and all supporting affidavits must be served, not less than 2 clear days before the date fixed for the hearing of the application, on the following persons:
the Public Prosecutor;
the subject, where the subject is not the applicant.
Unless the Court otherwise directs, a supporting affidavit may contain statements of information or belief with the sources of the information and grounds of the belief.
Subregulation 1
Any person or body on whom a restraint order or a charging order is served or who is notified of such an order may file an application, with one or more supporting affidavits, to discharge or vary the order.
Subregulation 2
The application and all supporting affidavits must be served, not less than 2 clear days before the date fixed for the hearing of the application, on the following persons:
the Public Prosecutor;
the subject, where the subject is not the applicant.
Subregulation 3
Unless the Court otherwise directs, a supporting affidavit may contain statements of information or belief with the sources of the information and grounds of the belief.