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FAIR TRADING ACT 2010 - SECT 106

FAIR TRADING ACT 2010 - SECT 106

106 .         Supreme and District Courts’ powers to prohibit payments, transfers of property etc.

        (1)         In this section, a person (the first person ) is an associate of another person if —

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

            (b)         if the other person is a body corporate, the first person is a wholly-owned subsidiary (within the meaning of the Corporations Act 2001 (Commonwealth)) of the other person.

        (2)         A Court may, on the application of the Minister or the Commissioner, make an order or orders of the kind specified in subsection (4) if —

            (a)         proceedings of a kind referred to in subsection (3) have been taken against a person, or proceedings of a kind referred to in subsection (3)(d) may be taken against a person; and

            (b)         the Court is satisfied that it is necessary or desirable to make the order or orders for the purpose of preserving money or other property held by, or on behalf of, the person if the person is liable or may become liable under this Act —

                  (i)         to pay moneys by way of a fine, damages, compensation, refund or otherwise; or

                  (ii)         to transfer, sell or return other property;

                and

            (c)         the Court is satisfied that the making of the order or orders will not unduly prejudice the rights and interests of any other person.

        (3)         For the purposes of subsection (2)(a), the kinds of proceedings taken against the person are as follows —

            (a)         proceedings in the Supreme Court or the District Court against the person for an offence against this Act;

            (b)         an application under section 99 or 100 for an injunction against the person in relation to a contravention of a provision of this Act;

            (c)         an action under the Australian Consumer Law (WA) section 236(1) against the person in relation to a contravention of a provision of this Act;

            (d)         an application for an order under section 105 against a person in relation to a contravention of a provision of this Act.

        (4)         The Court may make the following orders under subsection (2) in relation to money or other property held by, or on behalf of, a person (the respondent ) —

            (a)         an order prohibiting, either absolutely or subject to conditions, a person who is indebted to the respondent, or to an associate of the respondent, from making a payment, in total or partial discharge of the debt —

                  (i)         to the respondent; or

                  (ii)         to another person at the direction or request of the respondent;

            (b)         an order prohibiting, either absolutely or subject to conditions, a person who is holding money or other property on behalf of the respondent, or on behalf of an associate of the respondent —

                  (i)         from paying all or any of the money to the respondent, or to another person at the direction or request of the respondent; or

                  (ii)         from transferring the other property to the respondent, or to another person at the direction or request of the respondent, or otherwise parting with possession of that property;

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

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

        (5)         If the Court makes an order under this section, the order operates —

            (a)         for a period specified in the order (which must not be longer than 30 days if the application for the order was made in the absence of the person against whom the order is sought); or

            (b)         if proceedings in relation to which the order is made are concluded before the end of that period, until the conclusion of those proceedings.

        (6)         This section —

            (a)         has effect subject to the Bankruptcy Act 1966 (Commonwealth); and

            (b)         does not affect any other powers of the Supreme Court or the District Court.