New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 37

37 Ancillary property recovery orders may be made

(1) A property recovery order may be made by a court or authorised officer--

(a) when making an apprehended domestic violence order or interim apprehended domestic violence order, or

(b) in relation to an interim apprehended domestic violence order that has been made by a senior police officer.

(1A) A court or authorised officer may make a property recovery order only if satisfied that--

(a) the protected person has left personal property at premises which the defendant occupies, or

(b) the defendant has left personal property at premises which the protected person occupies.

(1B) A property recovery order may be made under this section--

(a) on the motion of a court or authorised officer when making an apprehended domestic violence order or interim apprehended domestic violence order, or

(b) on the application of a police officer, the protected person or the defendant.

(1C) An application for a property recovery order made by a protected person or a defendant must include details of the following--

(a) any relevant order with respect to property made under the Family Law Act 1975 of the Commonwealth (a
"family law property order" ) of which the applicant is aware,

(b) any pending application for a family law property order of which the applicant is aware.

(1D) Before making a property recovery order, a court or authorised officer is to--

(a) make such inquiries of the parties about any relevant family law property orders as the court or officer considers to be appropriate, and

(b) if any such order is brought to the attention of the court or authorised officer, take the order into consideration.

(2) A property recovery order may do any or all of the following--

(a) direct the person who occupies the premises concerned to allow access to the premises to the person who has left the personal property at the premises (and any police officer or person who is authorised by the order to accompany the person) to enable the removal of the property,

(b) provide that the access to the premises concerned is to be at a time or times arranged between the occupier of the premises and a police officer (whether or not the order requires the person recovering the property to be accompanied by a police officer),

(c) require the person who has left the personal property at the premises to be accompanied by a police officer when removing the property from the premises,

(d) provide that the person who has left the personal property at the premises may be accompanied by any other specified person,

(e) specify the type or types of property to which the order relates.

(3) A property recovery order does not authorise entry to any premises by means of force.

(4) A property recovery order does not confer any right on a person to take property that the person does not own or have a legal right to possess even if the type of property is specified in the order.

(5) A property recovery order in respect of personal property left by the defendant on premises may not be made in the absence of the defendant.

(6) A person must not, without reasonable excuse, contravene a property recovery order or obstruct a person who is attempting to comply with a property recovery order.

: Maximum penalty--50 penalty units.

(7) The onus of proof of reasonable excuse in proceedings for an offence against subsection (6) lies on the person accused of the offence.