Paragraph 5 Restraint orders
The Supreme Court may make a restraint order under this paragraph where—
proceedings have been instituted for an offence under any of articles 6 to 9,
the proceedings have not been concluded,
an application for a restraint order is made to the Supreme Court by the prosecutor, and
a forfeiture order has been made, or it appears to the Supreme Court that a forfeiture order may be made, in the proceedings for the offence.
The Supreme Court may also make a restraint order under this paragraph where—
a criminal investigation has been started with regard to an offence under any of articles 6 to 9,
an application for a restraint order is made to the Supreme Court by a person who the Supreme Court is satisfied will have the conduct of any proceedings for the offence, and
it appears to the Supreme Court that a forfeiture order may be made in any proceedings for the offence.
A restraint order prohibits a person to whom notice of it is given, subject to any conditions and exceptions specified in the order, from dealing with property in respect of which a forfeiture order has been or could be made in any proceedings referred to in sub-paragraph (1) or (2).
An application for a restraint order may be made ex parte to a judge in Chambers.
In this paragraph a reference to dealing with property includes a reference to removing the property from the Territory.
In this paragraph “criminal investigation” means an investigation which police officers or others have a duty to conduct with a view to it being ascertained whether a person should be charged with an offence.