Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) The public trustee 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 were the registered holder
Note 1 Related powers of the public trustee 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).
Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2) The owner of restrained property commits an offence if—
(a) the public trustee asks the owner for the person's tax file number within a stated reasonable time; and
(b) the owner fails to give the pubic trustee 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.