Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 154

Orders to prohibit payment of money or transfer of other property

154. Orders to prohibit payment of money or transfer of other property



(1) Subject to this section, a court may in the course of prescribed
proceedings against a person (the relevant person) under this Act, make one or
more of the following orders-

   (a)  an order prohibiting, either absolutely or subject to conditions, the
        making of a payment by a person in total or partial discharge of a
        debt owed to the relevant person or an associate of the relevant
        person;

   (ab) an order prohibiting, either absolutely or subject to conditions, the
        relevant person from parting with possession of, or transferring or
        encumbering, any of that person's money or property;

   (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 an associate of the relevant person from paying all
        or any of the money or parting with possession of, or transferring or
        encumbering, all or any of the property to the person on whose behalf
        the money is held or another person at the request of that person;

   (ba) an order prohibiting, either absolutely or subject to conditions, an
        ADI at which the relevant person holds an account from transferring,
        or allowing any person to withdraw, money standing to the credit of
        the account;

   (c)  an order prohibiting, either absolutely or subject to conditions, the
        taking or sending by a person of money of the relevant person or of an
        associate of the relevant person to a place outside Victoria;

   (d)  an order prohibiting, either absolutely or subject to conditions, the
        taking, sending or transfer by a person of other property of the
        relevant person or of an associate of the relevant person to a place
        outside Victoria;

   (e)  if the relevant person is a natural person, an order appointing a
        receiver or trustee of the property or part of the property of the
        relevant person with such powers as are specified in the order.

(2) The Minister, the Director or another person who is a party to prescribed
proceedings may make an application for an order under this section.

(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 on an ex parte application must not
operate for a period of more than 30 days.

(5) A person must comply with an order by a court under this section that is
applicable to that person.

Penalty: 240 penalty units, in the case of a natural person. 600 penalty
units, in the case of a body corporate.

(6) Nothing in this section affects the powers the court has apart from this
section.

(7) A reference in this section to a person who is an associate of another
person is a reference to-

   (a)  a person holding money or other property on behalf of the other
        person; or

   (b)  if the other person is a body corporate, a related body corporate.

(8) In this section prescribed proceedings means-

   (a)  proceedings for an offence against Part 2, 2A, 2B, 3, 4, 5 or 6; or



   (b)  proceedings on an application for an injunction under section 149,
        149A, 150, 151A or 151B against a person alleged to have contravened
        Part 2, 2A, 2B, 3, 4, 5 or 6; or

   (c)  proceedings on an application for an order under section 158; or

   (d)  proceedings for damages under section 159.