New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 37

37 Ancillary property recovery orders may be made

(1) A court or an authorised officer may, when making an apprehended domestic violence order or an interim apprehended domestic violence order, make an ancillary property recovery order if:

(a) the protected person has left personal property at premises which the defendant occupies, or

(b) the defendant has left personal property at premises which the protected person occupies.

(1A) A property recovery order may be made under subsection (1):

(a) on the motion of the court or authorised officer making the relevant apprehended domestic violence order or interim apprehended domestic violence order, or

(b) on the application of a police officer, the protected person or the defendant.

(2) A property recovery order may do any or all of the following:

(a) direct the person who occupies the premises concerned to allow access to the premises to the person who has left the personal property at the premises (and any police officer or person who is authorised by the order to accompany the person) to enable the removal of the property,

(b) provide that the access to the premises concerned is to be at a time or times arranged between the occupier of the premises and a police officer (whether or not the order requires the person recovering the property to be accompanied by a police officer),

(c) require the person who has left the personal property at the premises to be accompanied by a police officer when removing the property from the premises,

(d) provide that the person who has left the personal property at the premises may be accompanied by any other specified person,

(e) specify the type or types of property to which the order relates.

(3) A property recovery order does not authorise entry to any premises by means of force.

(4) A property recovery order does not confer any right on a person to take property that the person does not own or have a legal right to possess even if the type of property is specified in the order.

(5) A property recovery order in respect of personal property left by the defendant on premises may not be made in the absence of the defendant.

(6) A person must not, without reasonable excuse, contravene a property recovery order or obstruct a person who is attempting to comply with a property recovery order.

Maximum penalty: 50 penalty units.

(7) The onus of proof of reasonable excuse in proceedings for an offence against subsection (6) lies on the person accused of the offence.