CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 23 Contravening restraining orders

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 23

    (1)     A person commits an offence if—

        (a)     the person deals with property; and

        (b)     the property is subject to a restraining order; and

        (c)     the person knows that, or is reckless about the fact that, the property is subject to a restraining order; and

        (d)     the dealing with the property contravenes the order.

Maximum penalty: 500 penalty units, imprisonment for 5 years or both.

    (2)     A person commits an offence if—

        (a)     the person deals with property; and

        (b)     the property is subject to a restraining order; and

        (c)     the dealing with the property contravenes the order; and

        (d)     either of the following applies:

              (i)     the restraining order, or details of the order, were recorded in a statutory property register under section 50 (2) (Restraining orders—registration in statutory property registers) when the person dealt with the property;

              (ii)     the person was given notice of the order under section 34 (Restraining orders—notice of making) before the person dealt with the property.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

    (3)     Strict liability applies to subsection (2) (b), (c) and (d).

    (4)     Subsections (1) and (2) do not apply if the dealing with the property is in accordance with—

        (a)     an additional order under section 39; or

        (b)     this Act.