Commonwealth Numbered Acts

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PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 37

Contravening restraining orders

(1) A person is guilty of 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.

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

(2) A person is guilty of 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.

Maximum 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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