New South Wales Consolidated Acts

MOTOR DEALERS ACT 1974 - SECT 55D

55D Temporary restraint on disposition of property

(1) Where:

(a) proceedings are being taken against a person for an offence under section 9 (1) (a), (2) (a), (3) (a), (4) (a), (5) (a), (6) (a) or (7) (a), or

(b) an order has been made under section 55C (1) (b) against a person,

the court before which those proceedings are being taken or by which the order has been made may, by order, prohibit:

(c) the person from disposing of or otherwise dealing with any interest in specified property, and

(d) any other specified person from disposing of or otherwise dealing with any interest in specified property:

(i) which belongs to the person referred to in paragraph (c) and in respect of which the specified person has a power of attorney from that person or any other power of disposition, or

(ii) which the specified person holds for or on behalf of the person referred to in paragraph (c),

otherwise than in such manner as may be specified in the order.

(2) Without affecting any power conferred on it by subsection (1), the Supreme Court may at any time make an order of the kind referred to in that subsection against a person:

(a) in respect of whom any other court may make such an order, or

(b) whom any other court has committed for trial or for sentence.

(3) Before making an order under this section, a court may require notice to be given to, and may hear, such persons as it thinks fit.

(4) An order under this section may be given or served in such manner as the court directs or as may be prescribed by rules of court.

(5) Any person who holds an interest in property the subject of an order under this section may apply for the revocation or variation of the order.

(6) An order under this section may be revoked or varied by the Supreme Court (subject to rules of that Court restricting the making of applications thereto) or:

(a) where proceedings in respect of the offence are being taken-by the court before which those proceedings are being taken, or

(b) in any other case-by the court before which proceedings in respect of the offence were last taken.

(7) Any person to or upon whom an order made under subsection (1) or (2) is given or served in accordance with this section and who, while it is in force, acts in contravention of or fails to comply with the order shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding 20 penalty units or to imprisonment for a term not exceeding 6 months, or both.

(8) In this section, "property" includes real and personal property and money.