• Specific Year
    Any

VICTIMS OF CRIME ASSISTANCE ACT 1976 - SECT 21 Setting aside dealing, &c., which contravenes restraining order

VICTIMS OF CRIME ASSISTANCE ACT 1976 - SECT 21

Setting aside dealing, &c., which contravenes restraining order

(1)  The Director may apply to a judge to have a disposition of, or other dealing with, property set aside if –
(a) the property was subject to a restraining order at the time of the disposal or other dealing; and
(b) the property was disposed of, or otherwise dealt with –
(i) in contravention of the order; or
(ii) not for sufficient consideration; or
(iii) not in favour of a person acting in good faith.
(2)  If the Director makes an application under this section in relation to a disposition of, or other dealing with, property –
(a) the Director is to give written notice of the application to each person who the Director reasonably believes may have acquired an interest in the property on or after the day on which the disposition or dealing took place; and
(b) a person so notified, and any person who claims to have acquired an interest in the property on or after the day on which the disposition or dealing took place, may appear and adduce evidence at the hearing of the application; and
(c) the judge may, at any time before the final determination of the application, direct the Director to give or publish notice of the application to a specified person or class of persons in such manner and within such time as the judge considers appropriate.
(3)  If the Director makes an application under this section in relation to a disposition of, or other dealing with, property, the judge may make an order –
(a) setting the disposition or dealing aside as from the day on which it took place; or
(b) setting the disposition or dealing aside as and from the day of the order under this subsection and declaring the respective rights of any persons who acquired interests in the property on or after the day on which the disposition or dealing took place and before the day of the order.