AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 212 Orders to prohibit payment of money or transfer of other property
AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 212
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;
(b) 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;
(c) 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;
(d) 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;
(e) 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;
(f) 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;
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(g) 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—
(i) Part 3.1, Part 4.1 or Part 6.3; or
(ii) Chapter 4 of the Australian Consumer Law (Victoria);
(b) proceedings on an application for an injunction under—
(i) section 201, 202, 203, 205 or 206 against a person alleged to have contravened Part 3.1, Part 4.1 or Part 6.3; or
(ii) section 232 of the Australian Consumer Law (Victoria) in relation to—
(A) an alleged contravention of Chapter 2, 3 or 4 of that Law; or
(B) a term of a consumer contract in relation to which a declaration under section 250 of that Law has been made; or
(c) proceedings on an application for an order under—
(i) section 216; or
(ii) section 237, 238 or 239 of the Australian Consumer Law (Victoria) in relation to—
(A) a contravention of Chapter 2, 3 or 4 of that Law; or
(B) a term of a consumer contract in relation to which a declaration under section 250 of that Law has been made; or
(d) proceedings for damages under—
(i) section 217; or
(ii) section 236 of the Australian Consumer Law (Victoria).