s. s. 98 99 (d) issues connected with the effective management and maintenance of any property referred to in paragraph (c), including any income, expenditure or liabilities in relation to the property. (2A) In determining whether it is appropriate to make S. 98(2A) inserted by an order under subsection (2) in respect of an No. 63/2003 accused who has been charged with a Schedule 1 s. 28, amended by offence or a Schedule 2 offence, the likelihood of Nos 87/2004 the accused being convicted of the offence is not a s. 20(3), 68/2009 relevant consideration. s. 97(Sch. item 23.62). (3) An application for an order under subsection (2) may be made by a relevant person to— (a) if a restraining order is or has been made in S. 98(3)(a) amended by reliance on the charging or conviction of the Nos 87/2004 accused, the court which made the s. 20(4), 68/2009 restraining order; or s. 97(Sch. item 23.62(b)), 68/2010 s. 60(b). (ab) if a civil forfeiture restraining order is or has S. 98(3)(ab) inserted by been made in relation to a Schedule 2 No. 68/2010 offence, the court which made the civil s. 60(c). forfeiture restraining order; or (b) in any other case, any court. (4) The applicant must give written notice of an S. 98(4) amended by application under this section to the accused and No. 68/2009 any person whom the applicant seeks to examine s. 97(Sch. item 23.62(b)). under the order. (5) For the purposes of an application under this S. 98(5) amended by section in respect of a Schedule 2 offence, it does No. 87/2004 not matter that the charge has been withdrawn or s. 20(5). finally determined. 99 Examination
(d) issues connected with the effective management and maintenance of any property referred to in paragraph (c), including any income, expenditure or liabilities in relation to the property. S. 98(2A) inserted by No. 63/2003 s. 28, amended by Nos 87/2004 s. 20(3), 68/2009 s. 97(Sch. item 23.62). (2A) In determining whether it is appropriate to make an order under subsection (2) in respect of an accused who has been charged with a Schedule 1 offence or a Schedule 2 offence, the likelihood of the accused being convicted of the offence is not a relevant consideration. s. 98 (3) An application for an order under subsection (2) may be made by a relevant person to— S. 98(3)(a) amended by Nos 87/2004 s. 20(4), 68/2009 s. 97(Sch. item 23.62(b)), 68/2010 s. 60(b). (a) if a restraining order is or has been made in reliance on the charging or conviction of the accused, the court which made the restraining order; or S. 98(3)(ab) inserted by No. 68/2010 s. 60(c). (ab) if a civil forfeiture restraining order is or has been made in relation to a Schedule 2 offence, the court which made the civil forfeiture restraining order; or (b) in any other case, any court. S. 98(4) amended by No. 68/2009 s. 97(Sch. item 23.62(b)). (4) The applicant must give written notice of an application under this section to the accused and any person whom the applicant seeks to examine under the order. S. 98(5) amended by No. 87/2004 s. 20(5). (5) For the purposes of an application under this section in respect of a Schedule 2 offence, it does not matter that the charge has been withdrawn or finally determined. 99 Examination s. 99
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