dealers (1) Subsection (3) of this section applies where, on application
by ASIC, the Court is satisfied that a person holds, or has at any time held,
a licence and that:
- (a)
- there are reasonable grounds for believing that
there is a deficiency in:
- (i)
- a trust account of the person; or
- (ii)
- an account maintained by the person under subsection 872(2);
whether the account is maintained in this jurisdiction or elsewhere; or
- (b)
- there has been undue delay, or unreasonable refusal, on the person's part
in paying, applying or accounting for trust money as provided for by this Part
by a condition of the licence or by the business rules of a
securities exchange of which the person is or has been a member; or
- (c)
- without limiting the generality of paragraph (b) of this subsection,
the person has contravened:
- (i)
- section 868; or
- (ii)
- subsection 872(2).
(2) Subsection (3) also applies where, on application by ASIC, the Court
is satisfied that a person holds, or has at any time held, a licence and is
carrying on, or last carried on, a securities business otherwise than in
partnership and that:
- (a)
- the licence has been revoked or suspended; or
- (b)
- the person is incapable, through mental or physical incapacity, of
managing his or her affairs; or
- (c)
- the person no longer carries on a securities business; or
- (d)
- the person has died.
(3) The Court may by order restrain dealings in respect of specified bank
accounts that the person holds or maintains (whether in Australia or
elsewhere), subject to such terms and conditions as the Court imposes.