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is based on section 359 of the Crimes Act 1958 but does not re-enact the requirement to give notice or the entitlement of parties to be present and make submissions. For consistency throughout the Bill all such procedural references have been removed and will be resolved on ordinary principles of procedural fairness. Clause 337 provides a general rule that orders can be made on the application of a party or on the court's own motion unless otherwise provided.