Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) If—
(a) proceedings have been started against a person for an offence against section 41; or
(b) an application has been made under section 44 for an injunction against a person in relation to a contravention of a provision of part 2; or
(c) an action has been started under section 46 (1) against a person in relation to a contravention of a provision of part 2; or
(d) an application for an order under section 50 (2) or (3) has been or may be made against a person in relation to a contravention of a provision of part 2;
the Magistrates Court may, on the application of the Minister or the commissioner, make an order or orders mentioned in subsection (2) if the court is satisfied that—
(e) it is necessary or desirable to do so for the purpose of preserving money or other property held by or on behalf of a person referred to in paragraph (a), (b), (c) or (d) (the relevant person ), if the relevant person is liable or may become liable under this Act to pay money by way of a fine, damages, compensation, refund or otherwise or to transfer, sell or return other property; and
(f) it will not unduly prejudice the rights and interests of any other person.
(2) The orders referred to in subsection (1) are—
(a) an order prohibiting, either absolutely or subject to conditions, a person who is indebted to the relevant person or to an associate of the relevant person from making a payment in total or partial discharge of the debt to, or to another person at the direction or request of, the person to whom the debt is owed; and
(b) an order prohibiting, either absolutely or subject to conditions, a person who is holding money or other property on behalf of the relevant person or on behalf of an associate of the relevant person from paying all or any of the money, or transferring, or otherwise parting with possession of, the other property, to, or to another person at the direction or request of, the person on whose behalf the money or other property is held; and
(c) an order prohibiting, either absolutely or subject to conditions, the taking or sending by any person of money of the relevant person or of an associate of the relevant person to a place outside the State or Territory where the money is held; and
(d) an order prohibiting, either absolutely or subject to conditions, the taking, sending or transfer by any person of other property of the relevant person or of an associate of the relevant person to a place outside the State or Territory where the other property is located; and
(e) an order appointing, if the relevant person is an individual, a receiver or trustee of the property or of part of the property of the relevant person with the powers stated in the order.
(3) Subject to subsection (4), an order under this section may be expressed to operate—
(a) for a period stated in the order; or
(b) until proceedings under any other provision of this part in relation to which the order was made have been concluded.
(4) An order under this section must not be expressed to operate for a period longer than 30 days if the order is made on an application that was made in the absence of a party to the proceeding.
(5) A person who contravenes an order by the Magistrates Court under this section that is applicable to the person commits an offence.
Maximum penalty: 200 penalty units.
(6) Nothing in this section affects the powers that the Magistrates Court has apart from this section.
(7) This section has effect subject to the Bankruptcy Act 1966 (Cwlth).
(8) A reference in this section to a person who is an associate of a relevant person is a reference to—
(a) a person holding money or other property on behalf of the relevant person; or
(b) if the relevant person is a body corporate—a wholly-owned subsidiary of the relevant person.