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COMPETITION AND CONSUMER ACT 2010 - SECT 137F

Court may make orders for the purpose of preserving money or other property held by a person

             (1)  A court may, on the application of the Commonwealth Minister or the Commission, make an order or orders mentioned in subsection (3) if:

                     (a)  proceedings of a kind referred to in subsection (2) have been taken against a person, or proceedings of a kind referred to in paragraph (2)(d) may be taken against a person; and

                     (b)  the court is satisfied that it is necessary or desirable to make the order or orders for the purpose of preserving money or other property held by, or on behalf of, the person if the person is liable, or may become liable, under the Australian Consumer Law:

                              (i)  to pay money by way of a fine, damages, compensation, refund or otherwise; or

                             (ii)  to transfer, sell or refund other property; and

                     (c)  the court is satisfied that the making of such an order or orders will not unduly prejudice the rights and interests of any other person.

Kinds of proceedings taken against the person

             (2)  For the purposes of paragraph (1)(a), the kinds of proceedings taken against the person are:

                     (a)  proceedings against the person for an offence against a provision of Chapter 4 of the Australian Consumer Law; or

                     (b)  an application under section 232 of the Australian Consumer Law for an injunction against the person in relation to:

                              (i)  a contravention of a provision of Chapter 2, 3 or 4 of the Australian Consumer Law; or

                             (ii)  a term of a contract in relation to which a declaration under section 250 of the Australian Consumer Law has been made; or

                     (c)  an action under subsection 236(1) of the Australian Consumer Law against the person in relation to a contravention of a provision of Part 2-1 or Chapter 3 of the Australian Consumer Law; or

                     (d)  an application for an order under subsection 237(1) or 239(1) of the Australian Consumer Law against a person in relation to:

                              (i)  a contravention of a provision of Chapter 2, 3 or 4 of the Australian Consumer Law; or

                             (ii)  a term of a contract in relation to which a declaration under section 250 of the Australian Consumer Law has been made.

Kinds of orders that may be made

             (3)  The court may make the following orders under subsection (1) of this section in a relation to money or other property held by, or on behalf of, a person (the respondent ):

                     (a)  an order prohibiting, either absolutely or subject to conditions, a person who is indebted to the respondent, or to an associate of the respondent, from making a payment, in total or partial discharge of the debt:

                              (i)  to the respondent; or

                             (ii)  to another person at the direction or request of the respondent;

                     (b)  an order prohibiting, either absolutely or subject to conditions, a person who is holding money or other property on behalf of the respondent, or on behalf of an associate of the respondent:

                              (i)  from paying all or any of the money to the respondent, or to another person at the direction or request of the respondent; or

                             (ii)  from transferring the other property to the respondent, or to another person at the direction or request of the respondent, or otherwise parting with possession of that property;

                     (c)  an order prohibiting, either absolutely or subject to conditions, the taking or sending by any person of money of the respondent, or of an associate of the respondent, to a place outside the State or Territory in which the money is held;

                     (d)  an order prohibiting, either absolutely or subject to conditions, the taking, sending or transfer by any person of other property of the respondent, or of an associate of the respondent, to a place outside the State or Territory in which that property is located;

                     (e)  if the respondent is a natural person--an order appointing a receiver or trustee of the property, or of part of the property, of the respondent with such powers as are specified in the order.

Operation of order

             (4)  If the court makes such an order, the order operates:

                     (a)  for the period specified in the order (which must not be longer than 30 days if the application for the order was an ex parte application); or

                     (b)  if proceedings in relation to which the order is made are concluded before the end of that period--until the conclusion of those proceedings.

Other

             (5)  This section:

                     (a)  has effect subject to the Bankruptcy Act 1966 ; and

                     (b)  does not affect any other powers of the court.



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