Victorian Consolidated Legislation

Travel Agents Act 1986 - SECT 36

Temporary restraint on disposition of property

36. Temporary restraint on disposition of property



(1) Where-

   (a)  proceedings are instituted against a person for an offence against
        section 6(1); or

   (b)  an order against a person is made under section 35(1) or (2); or

   (c)  a person is, because of an order made under section 35(1) or (2),
        under the liability imposed by section 35(5) 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 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
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) A person to or upon whom an order made under subsection (1) is given or
served in accordance with this section must not, while it is in force, act in
contravention of or fail to comply with the order.

Penalty: 20 penalty units or imprisonment for a term not exceeding 6 months,
or both.

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