Australian Capital Territory Numbered Acts

PROCEEDS OF CRIME ACT 1991 (NO. 103 OF 1991) - SECT 56

56. (1) A person who knowingly contravenes a restraining order by disposing of, or otherwise dealing with, property that is subject to the restraining order is guilty of an offence punishable, upon conviction, by—

        (a)     if the person is a natural person—a fine not exceeding $20,000 or imprisonment for a period not exceeding 2 years, or both; or

        (b)     in the case of a body corporate—a fine not exceeding $100,000.

(2) Where—

        (a)     a restraining order is made against property;

        (b)     the property is disposed of, or otherwise dealt with, in contravention of the restraining order; and

        (c)     the disposition or dealing was either not for sufficient consideration or not in favour of a person who acted in good faith;

the DPP may apply to the Supreme Court that made the restraining order for an order that the disposition or dealing be set aside.

(3) Where the DPP makes an application under subsection (2) in relation to a disposition or dealing, the Supreme Court may make an order—

        (a)     setting the disposition or dealing aside as from the day on which the disposition or dealing took place; or

        (b)     setting the disposition or dealing aside as from the day of the order under this subsection and declaring the respective rights of any persons who acquired interests in the property on or after the day on which the disposition or dealing took place and before the day of the order under this subsection.