Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 1323

1323. (1) Where:

   (a)  an investigation is being carried out under the Commission Act or this
        Act in relation to an act or omission by a person, being an act or
        omission that constitutes or may constitute a contravention of this
        Act;

   (b)  a prosecution has been begun against a person for a contravention of
        this Act; or

   (c)  a civil proceeding has been begun against a person under this Act; and
        the Court considers it necessary or desirable to do so for the purpose
        of
protecting the interests of a person (in this section called an "aggrieved
person") to whom the person referred to in paragraph (a), (b) or (c), as the
case may be, (in this section called the "relevant person"), is liable, or may
be or become liable, to pay money, whether in respect of a debt, by way of
damages or compensation or otherwise, or to account for securities, futures
contracts or other property, the Court may, on application by the Commission
or by an aggrieved person, make one or more of the following orders:

   (d)  an order prohibiting a person who is indebted to the relevant person
        or to an associate of the relevant person from making a payment in
        total or partial discharge of the debt to, or to another person at the
        direction or request of, the person to whom the debt is owed;

   (e)  an order prohibiting a person holding money, securities, futures
        contracts or other property, on behalf of the relevant person, or on
        behalf of an associate of the relevant person, from paying all or any
        of the money, or transferring, or otherwise parting with possession
        of, the securities, futures contracts or other property, to, or to
        another person at the direction or request of, the person on whose
        behalf the money, securities, futures contracts or other property, is
        or are held;

   (f)  an order prohibiting the taking or sending out of Australia by a
        person of money of the relevant person or of an associate of the
        relevant person;

   (g)  an order prohibiting the taking, sending or transfer by a person of
        securities, futures contracts or other property of the
        relevant person, or of an associate of the relevant person, from a
        place in Australia to a place outside Australia (including the
        transfer of securities from a register in Australia to a register
        outside Australia);

   (h)  an order appointing:

        (i)    if the relevant person is a natural person-a receiver or
               trustee, having such powers as the Court orders, of the
               property or of part of the property of that person; or

        (ii)   if the relevant person is a body corporate-a receiver or
               receiver and manager, having such powers as the Court orders,
               of the property or of part of the property of that person;

   (j)  if the relevant person is a natural person-an order requiring that
        person to deliver up to the Court his or her passport and such other
        documents as the Court thinks fit;

   (k)  if the relevant person is a natural person-an order prohibiting that
        person from leaving Australia without the consent of the Court.

(2) An order under subsection (1) prohibiting conduct may prohibit the conduct
either absolutely or subject to conditions.

(3) Where an application is made to the Court for an order under subsection
(1), the Court may, if in the opinion of the Court it is desirable to do so,
before considering the application, grant an interim order, being an order of
the kind applied for that is expressed to have effect pending the
determination of the application.

(4) On an application under subsection (1), the Court shall not require the
applicant or any other person, as a condition of granting an interim order
under subsection (3), to give an undertaking as to damages.

(5) Where the Court has made an order under this section on a person's
application, the Court may, on application by that person or by any person
affected by the order, make a further order discharging or varying the
first-mentioned order.

(6) An order made under subsection (1) or (2) may be expressed to operate for
a specified period or until the order is discharged by a further order under
this section.

(7) Nothing in this section affects the powers that the Court has apart from
this section.

(8) This section has effect subject to the Bankruptcy Act 1966.

(9) A person shall not contravene an order by the Court under this section
that is applicable to the person.