Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) The public trustee and guardian may do anything necessary or desirable to preserve the value of the restrained property.
Examples
1 bring or defend any civil proceeding affecting the property
2 insure the property
3 if the property consists (completely or partly) of securities or investments, realise or otherwise deal with the securities or investments
4 if the property is related to a business—
(a) employ, or end the employment of, people in the business; and
(b) do anything else that is necessary or convenient for carrying on the business on a sound commercial basis
5 if the property consists, completely or partly, of shares in a corporation, exercise (to the exclusion of the registered proprietor) the rights attaching to the shares as if the public trustee and guardian were the registered holder
Note Related powers of the public trustee and guardian include making an application to a relevant court for an order about the restrained property (see s 39) and the registration of title to, or charges over, registrable property (see s 50).
(2) The owner of restrained property commits an offence if—
(a) the public trustee and guardian asks the owner for the person's tax file number within a stated reasonable time; and
(b) the owner fails to give the public trustee and guardian the person's tax file number within that time.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3) An offence against this section is a strict liability offence.