Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 2002 - SECT 37

Contravening restraining orders

  (1)   A person commits an offence if:

  (a)   the person disposes of, or otherwise deals with, property; and

  (b)   the person knows that, or is reckless as to the fact that, the property is covered by a * restraining order; and

  (c)   the disposition or dealing contravenes the order.

Penalty:   Imprisonment for 5 years or 300 penalty units, or both.

  (2)   A person commits an offence if:

  (a)   the person disposes of, or otherwise deals with, property; and

  (b)   the property is covered by a * restraining order; and

  (c)   the disposition or dealing contravenes the order; and

  (d)   either:

  (i)   particulars of the order were recorded in a register under subsection   34(1); or

  (ii)   the person was given notice of the order under section   33.

Penalty:   Imprisonment for 5 years or 300 penalty units, or both.

  (3)   Strict liability applies to paragraphs   (2)(b) and (c) and subparagraph   (2)(d)(i).


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