Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Where –
the court having jurisdiction in the proceeding may, on the application of the Minister or the Director, make an order or orders mentioned in subsection (2) if the court is satisfied that –(a) proceedings have been commenced in a court of summary jurisdiction against a person for an offence against this Act; or
(b) an application has been made under section 34 or 35 for an injunction against a person in relation to a contravention of a provision of this Act; or
(c) an action has been commenced under section 37 against a person in relation to a contravention of a provision of this Act; or
(d) an application for an order under section 41(2) or (4) has been or may be made against a person in relation to a contravention of a provision of this Act –
(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 money 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 as follows:
(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;
(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 this State;
(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 in the absence of the person against whom the order is sought shall not operate for a period exceeding 30 days.
(5) A person who contravenes or fails to comply with an order by a court under this section that is applicable to the person is guilty of an offence and is liable on summary conviction to a fine not exceeding –
(a) in the case of a person other than a body corporate, 200 penalty units; or
(b) in the case of a body corporate, 1 000 penalty units.
(6) Nothing in this section affects the powers that the court has apart from this section.
(7) 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.