Queensland Consolidated Acts

PROPERTY OCCUPATIONS ACT 2014 - SECT 202

202 Powers of court for preservation of assets

(1) This section applies if any of the following proceedings have been started against a marketeer—

(a) a proceeding before the District Court for the grant of an injunction;

(b) a proceeding before the District Court about a contravention of an undertaking under division 2 ;

(c) a marketeer proceeding;

(d) a proceeding before the District Court under division 4 for a civil penalty.

(2) On the chief executive’s application, the District Court may make an order mentioned in subsection (3) if satisfied—

(a) it is necessary or desirable to preserve property held by or for the marketeer, or part or all of an amount payable to or at the request of the marketeer, because the marketeer is or may become liable under this Act—

(i) to pay an amount to the State; or

(ii) to pay compensation; or

(iii) to refund an amount; or

(iv) to transfer, sell or return other property; and

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

(3) The orders the court may make are—

(a) an order prohibiting a person who owes an amount to the marketeer or an associate of the marketeer from paying all or part of the amount to, or to another person at the request of, the marketeer or associate; and

(b) an order prohibiting a person holding property for the marketeer or an associate of the marketeer from transferring all or any of the property to, or to another person at the request of, the marketeer or associate; and

(c) an order prohibiting the taking, by any person, of the property of the marketeer or an associate of the marketeer out of the State; and

(d) if the marketeer is an individual—an order appointing a receiver or trustee of all or part of the property of the marketeer or an associate of the marketeer and providing for the powers of the receiver or trustee.

(4) Subject to subsection (5) , the order may be expressed to operate—

(a) for a stated period; or

(b) until proceedings under another provision of this Act for which the order was made have ended.

(5) An application and an order may be made under this section without notice to, and in the absence of, the marketeer or the associate, but the order must not be expressed to operate for a period of more than 30 days.

(6) A person to whom the order applies must comply with the order.

Penalty—

Maximum penalty—540 penalty units.

(7) In this section—

"associate" , of a marketeer, means—

(a) a person holding property for the marketeer; or

(b) if the marketeer is a corporation—a wholly-owned subsidiary of the marketeer.

"prohibit" means prohibit absolutely or on conditions.

"request" includes direction.

"take" includes send and transfer.

"transferring" , in relation to property, means transferring, paying or otherwise parting with possession of the property.