New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 18

18 Protection of NSW Trustee and Guardian

(1) A person who hinders or obstructs the NSW Trustee and Guardian in the performance of the NSW Trustee and Guardian’s obligations under a restraining order is guilty of an offence.

Maximum penalty: 20 penalty units or imprisonment for 6 months, or both.

(2) Section 121 of the NSW Trustee and Guardian Act 2009 applies to and in respect of the functions of the NSW Trustee and Guardian under this Act in the same way as it applies to and in respect of the functions of the NSW Trustee and Guardian under that section, but nothing in this section is to be read as limiting the operation of that section.

(3) The NSW Trustee and Guardian is not liable for any rates, land tax or other statutory charges imposed by or under a law of the State on or in respect of an interest in property of which the NSW Trustee and Guardian has been directed by a restraining order to take control, being rates, land tax or other statutory charges that fall due on or after the date of the restraining order, except to the extent, if any, of the rents and profits received by the NSW Trustee and Guardian in respect of that property on or after the date of the restraining order.

(4) If the NSW Trustee and Guardian, in accordance with a restraining order, takes control of a business carried on by a person, the NSW Trustee and Guardian is not liable:

(a) for any payment in respect of long service leave for which the person was liable, or

(b) for any payment in respect of long service leave to which a person employed by the NSW Trustee and Guardian in his or her capacity of manager of the business, or the legal personal representative of such a person, becomes entitled after the date of the restraining order, or

(c) to meet, otherwise than out of the income or assets of the business, any liabilities and expenses incurred in controlling the business.

(5) In this section:
"NSW Trustee and Guardian" includes staff and agents of the NSW Trustee and Guardian.