Commonwealth Numbered Acts

TRADE PRACTICES REVISION ACT 1986 No. 17 of 1986 - SECT 56

56. After section 87 of the Principal Act the following section is inserted in
Part VI: Power of Court to prohibit payment or transfer of moneys or other
property "87A. (1) Where-

   (a)  proceedings have been commenced against a person for an offence
        against section 79;

   (b)  an application has been made under section 80 for an injunction
        against a person in relation to a contravention of a provision of Part
        V;

   (c)  an action has been commenced under sub-section 82 (1) against a person
        in relation to a contravention of a provision of Part V; or

   (d)  an application for an order under sub-section 87 (1A) or (1B) has been
        or may be made against a person in relation to a contravention of a
        provision of Part V, the Court may, on the application of the Minister
        or the Commission, make an order or orders mentioned in sub-section
        (2) if the Court is satisfied that-

   (e)  it is necessary or desirable to do so for the purpose of preserving
        money or other property held by or on behalf of a person referred to
        in paragraph (a), (b), (c) or (d), as the case may be (in this section
        referred to as the 'relevant person'), where the relevant person is
        liable or may become liable under this Act to pay moneys by way of a
        fine, damages, compensation, refund or otherwise or to transfer, sell
        or refund other property; and

   (f)  it will not unduly prejudice the rights and interests of any other
        person.

"(2) The orders referred to in sub-section (1) are-

   (a)  an order prohibiting, either absolutely or subject to conditions, 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;

   (b)  an order prohibiting, either absolutely or subject to conditions, a
        person who is holding money 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 other property, to, or to another
        person at the direction or request of, the person on whose behalf the
        money or other property is held;

   (c)  an order prohibiting, either absolutely or subject to conditions, the
        taking or sending by any person of money of the relevant person or of
        an associate of the relevant person to a place outside the State or
        Territory in which the money is held;

   (d)  an order prohibiting, either absolutely or subject to conditions, the
        taking, sending or transfer by any person of other property of the
        relevant person or of an associate of the relevant person to a place
        outside the State or Territory in which the other property is located;
        and

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

"(3) Subject to sub-section (4), an order under this section may be expressed
to operate-

   (a)  for a period specified in the order; or

   (b)  until proceedings under any other provision of this Part in relation
        to which the order was made have been concluded.

"(4) An order under this section made on an application ex parte shall not be
expressed to operate for a period exceeding 30 days.

"(5) A person who contravenes or fails to comply with an order by the Court
under this section that is applicable to the person is guilty of an offence
punishable on conviction-

   (a)  in the case of a person not being a body corporate-by a fine not
        exceeding $20,000; or

   (b)  in the case of a person being a body corporate-by a fine not exceeding
        $100,000.

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

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

"(8) A reference in this section to a person who is an associate of a relevant
person is a reference to-

   (a)  a person holding money or other property on behalf of the relevant
        person; or

   (b)  if the relevant person is a body corporate-a wholly owned subsidiary
        of the relevant person.".