Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-1 - RESTRAINING ORDERS  

Division 1 - Making restraining orders  

SECTION 24   Allowance for expenses  

24(1)    
The court may allow any one or more of the following to be met out of property, or a specified part of property, covered by a * restraining order:

(a) the reasonable living expenses of the person whose property is restrained;

(b) the reasonable living expenses of any of the * dependants of that person;

(c) the reasonable business expenses of that person;

(d) a specified debt incurred in good faith by that person.

24(2)    
The court may only make an order under subsection (1) if:

(a) the person whose property is restrained has applied for the order; and

(b) the person has notified the *responsible authority in writing of the application and the grounds for the application; and

(c) the person has disclosed all of his or her * interests in property, and his or her liabilities, in a statement on oath that has been filed in the court; and

(ca) the court is satisfied that the expense or debt does not, or will not, relate to legal costs that the person has incurred, or will incur, in connection with:

(i) proceedings under this Act; or

(ii) proceedings for an offence against a law of the Commonwealth, a State or a Territory; and

(d) the court is satisfied that the person cannot meet the expense or debt out of property that is not covered by:

(i) a * restraining order; or

(ii) an * interstate restraining order; or

(iii) a * foreign restraining order that is registered under the * Mutual Assistance Act.

24(3)    
Property that is covered by:

(a) a * restraining order; or

(b) an * interstate restraining order; or

(c) a * foreign restraining order that is registered under the * Mutual Assistance Act;

is taken, for the purposes of paragraph (2)(d), not to be covered by the order if it would not be reasonably practicable for the * Official Trustee to take custody and control of the property.