Financial reporting order
s 21
21.—(1) Subject to the provisions of Part 5, the General Division of the High Court may, upon the application of the Public Prosecutor, make a financial reporting order against an individual if, upon giving the individual a reasonable opportunity to be heard —(a) the court is satisfied, on a balance of probabilities, that the individual has been involved in a Part 2 offence, or a serious offence associated with an organised criminal group; and (b) the court has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting any involvement by the individual in any Part 2 offence, or any serious offence associated with an organised criminal group.[40/2019] (2) Subject to the provisions of Part 5, where a court convicts any individual for having committed —(a) a Part 2 offence; or (b) a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13, the court may, upon the application of the Public Prosecutor, and upon giving the individual a reasonable opportunity to be heard at the time of sentencing the individual, make a financial reporting order if the court has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting any involvement by the individual in any Part 2 offence, or any serious offence associated with an organised criminal group. (3) Rules of Court may provide for the manner in which an application under subsection (1) may be made. (4) To avoid doubt, any defence that is available to a person who is prosecuted for a Part 2 offence, or serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13, is also available to the individual in any proceedings under this section for the same act. (5) A reference in subsection (1) to involvement in a serious offence associated with an organised criminal group includes involvement at any time (whether before, on or after 1 June 2016) in a serious offence associated with an organised criminal group.