New South Wales Consolidated Acts

TRAVEL AGENTS ACT 1986 - SECT 39

39 Temporary restraint on disposition of property

(1) Where:

(a) proceedings are instituted in the Supreme Court against a person for an offence against section 6 (1),

(b) an order against a person is made under section 38 (2) or (3), or

(c) a person is, because of an order made under section 38 (2) or (3), under the liability imposed by section 38 (6) on directors of a body corporate,

the Court may, by order, prohibit:

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

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

(i) which is vested in the person referred to in paragraph (d) and in respect of which that other person has a power of disposition, or

(ii) which is held by that other person for the person so referred to,

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

(2) Before making an order under this section, the Supreme Court may require notice to be given to, and may hear, such persons as it thinks fit.

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

(4) 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.

(5) Any person to or upon whom an order made under subsection (1) 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.

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