Western Australian Current Acts

CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 135

135 .         Sham transactions, orders as to

        (1)         The DPP or the CCC may apply to the court for an order under subsection (2).

        (2)         On hearing an application, if the court is satisfied that a person is carrying out, or has carried out, a sham transaction, the court may, to defeat the purpose of the transaction, by order —

            (a)         declare that the transaction is void in whole or in part; or

            (b)         vary the operation of the transaction in whole or in part.

        (3)         The court may make any ancillary orders that are just in the circumstances for or with respect to any consequential or related matter, including orders relating to —

            (a)         dealing with property; and

            (b)         the disposition of any proceeds from the sale of property; and

            (c)         making payments of money; and

            (d)         creating a charge on property in favour of any person and the enforcement of the charge.

        (4)         The court may rescind or vary an order made under this section.

        [Section 135 amended: No. 10 of 2018 s. 77.]