Commonwealth Consolidated Acts

TRADE PRACTICES ACT 1974 - SECT 87A

             (1)  Where:

                     (a)  proceedings have been commenced against a person for an offence against a provision of Part VC; or

                     (b)  an application has been made under section 80 for an injunction against a person in relation to a contravention of a provision of Part IVA, V or VC; or

                     (c)  an action has been commenced under subsection 82(1) against a person in relation to a contravention of a provision of Part V; or

                     (d)  an application for an order under subsection 87(1A) or (1B) has been or may be made against a person in relation to a contravention of a provision of Part IVA, V or VC;

the Court may, on the application of the Minister or the Commission, 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), as the case may be (in this section referred to as the relevant person ), where the relevant person is liable or may become liable under this Act to pay moneys by way of a fine, damages, compensation, refund or otherwise or to transfer, sell or refund 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;

                     (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;

                     (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 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 relevant person or of an associate of the relevant person to a place outside the State or Territory in which the other property is located; and

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

             (3)  Subject to subsection (4), an order under this section may be expressed to operate:

                     (a)  for a period specified 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 made on an application ex parte shall not be expressed to operate for a period exceeding 30 days.

             (5)  A person who contravenes or fails to comply with an order by the Court under this section that is applicable to the person is guilty of an offence punishable on conviction:

                     (a)  in the case of a person not being a body corporate--by a fine not exceeding $20,000; or

                     (b)  in the case of a person being a body corporate--by a fine not exceeding $100,000.

          (5A)  Subsection (5) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (6)  Nothing in this section affects the powers that the Court has apart from this section.

             (7)  This section has effect subject to the Bankruptcy Act 1966 .

             (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.