PROCEEDS OF CRIME ACT 1987 - SECT 52 Contravention of restraining orders

PROCEEDS OF CRIME ACT 1987 - SECT 52

  (1)   A person who intentionally contravenes a restraining order by disposing of, or otherwise dealing with, property that is subject to the restraining order commits an offence punishable, upon conviction, by:

  (a)   if the person is a natural person-- imprisonment for a period not exceeding 5 years or a fine not exceeding 100 penalty units , or both; or

  (b)   in the case of a body corporate--a fine not exceeding 500 penalty units .

  (2)   Where:

  (a)   a restraining order is made against property;

  (b)   the property is disposed of, or otherwise dealt with, in contravention of the restraining order; and

  (c)   the disposition or dealing was either not for sufficient consideration or not in favour of a person who acted in good faith;

the DPP may apply to the court that made the restraining order for an order that the disposition or dealing be set aside.

  (3)   Where the DPP makes an application under subsection   ( 2) in relation to a disposition or dealing, the court may make an order:

  (a)   setting the disposition or dealing aside as from the day on which the disposition or dealing took place; or

  (b)   setting the disposition or dealing aside as from the day of the order under this subsection and declaring the respective rights of any persons who acquired interests in the property on or after the day on which the disposition or dealing took place and before the day of the order under this subsection.