Queensland Consolidated Acts

FAIR TRADING ACT 1989 - SECT 46

46 Court may make order for preserving money or other property held by a person

(1) The District Court may, on the application of the Minister or the commissioner, make an order or orders mentioned in subsection (3) if—

(a) proceedings of a kind mentioned in subsection (2) have been taken against a person, or proceedings of a kind mentioned in subsection (2) (d) may be taken against a person; and

(b) the court is satisfied that it is necessary or desirable to make the order or orders to preserve money or other property held by or for the person if the person is liable, or may become liable, under the Australian Consumer Law (Queensland)—

(i) to pay money by way of a fine, damages, compensation, refund or otherwise; or

(ii) to transfer, sell or refund other property; and

(c) the court is satisfied that the making of such an order or orders will not unduly prejudice the rights and interests of any other person.

(2) For subsection (1) (a) , the kinds of proceedings are—

(a) proceedings against the person for an offence against a provision of the Australian Consumer Law (Queensland), chapter 4 or against an FTA offence provision; or

(b) an application under the Australian Consumer Law (Queensland), section 232 for an injunction against the person in relation to—

(i) a contravention of a provision of the Australian Consumer Law (Queensland), chapter 2 , 3 or 4 , or of a relevant provision under section 65 ; or

(ii) a term of a consumer contract in relation to which a declaration under the Australian Consumer Law (Queensland), section 250 has been made; or

(c) an action under the Australian Consumer Law (Queensland), section 236 (1) against the person in relation to a contravention of a provision of the Australian Consumer Law (Queensland), chapter 2 , part 2-1 or chapter 3 , or of a relevant provision under section 66 ; or

(d) an application for an order under the Australian Consumer Law (Queensland), section 237 (1) or 239 (1) against a person in relation to—

(i) a contravention of a provision of the Australian Consumer Law (Queensland), chapter 2 , 3 or 4 , or of a relevant provision under section 67 ; or

(ii) a term of a consumer contract in relation to which a declaration under the Australian Consumer Law (Queensland), section 250 has been made.

(3) The court may make the following orders under subsection (1) in relation to money or other property held by or for a person (the
"respondent" )—

(a) an order prohibiting, either absolutely or subject to conditions, a person who is indebted to the respondent, or to an associate of the respondent, from making a payment, in total or partial discharge of the debt—

(i) to the respondent; or

(ii) to another person at the direction or request of the respondent;

(b) an order prohibiting, either absolutely or subject to conditions, a person who is holding money or other property for the respondent, or for an associate of the respondent—

(i) from paying all or any of the money to the respondent, or to another person at the direction or request of the respondent; or

(ii) from transferring the other property to the respondent, or to another person at the direction or request of the respondent, or otherwise parting with possession of that property;

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

(e) if the respondent is an individual—an order appointing a receiver or trustee of the property, or of part of the property, of the respondent with such powers as are stated in the order.

(4) If the court makes such an order, the order operates—

(a) for the period stated in the order (of not more than 30 days if the application for the order was an ex parte application); or

(b) if proceedings in relation to which the order is made are concluded before the stated period ends—until the conclusion of the proceedings.

(5) This section—

(a) has effect subject to the Bankruptcy Act 1966 (Cwlth) ; and

(b) does not affect any other powers of the court.

(6) In this section—

"associate" , of the respondent, means a person who—

(a) holds money or other property for the respondent; or

(b) if the respondent is a body corporate—is a wholly-owned subsidiary (within the meaning of the Corporations Act ) of the respondent.