New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 45A

45A Contravention of restraining orders

(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 and punishable, on conviction, by a fine equivalent to the value of the property (as determined by the court that is dealing with the offence) or by imprisonment for a period not exceeding 2 years, or both.

(2) If--

(a) a restraining order is made against property, and

(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,

an appropriate officer may apply to the Supreme Court for an order that the disposition or dealing be set aside.

(3) If an application is made under subsection (2) in relation to a disposition or dealing, the Court may make an order--

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

(b) setting aside the disposition or dealing 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.