and the Court considers it necessary or desirable to do so for the purpose of
protecting the interests of a person (in this section called an aggrieved
person ) to whom the person referred to in paragraph (a), (b) or (c), as
the case may be, (in this section called the relevant person ), is liable, or
may be or become liable, to pay money, whether in respect of a debt, by way of
damages or compensation or otherwise, or to account for securities,
futures contracts or other property, the Court may, on application by ASIC or
by an aggrieved person, make one or more of the following orders:
- (d)
- an order prohibiting a person who is indebted to the relevant person or to
an associate of the relevant person from making a payment in total or partial
discharge of the debt to, or to another person at the direction or request of,
the person to whom the debt is owed;
- (e)
- an order prohibiting a person holding money, securities, futures contracts
or other property, on behalf of the relevant person, or on behalf of an
associate of the relevant person, from paying all or any of the money, or
transferring, or otherwise parting with possession of, the securities, futures
contracts or other property, to, or to another person at the direction or
request of, the person on whose behalf the money, securities,
futures contracts or other property, is or are held;
- (f)
- an order prohibiting the taking or sending out of this jurisdiction, or
out of Australia, by a person of money of the relevant person or of an
associate of the relevant person;
- (g)
- an order prohibiting the taking, sending or transfer by a person of
securities, futures contracts or other property of the relevant person, or of
an associate of the relevant person:
- (i)
- from a place in this jurisdiction to a place outside this jurisdiction
(including the transfer of securities from a register in this jurisdiction to
a register outside this jurisdiction); or
- (ii)
- from a place in Australia to a place outside Australia (including the
transfer of securities from a register in Australia to a register outside
Australia);
- (h)
- an order appointing:
- (i)
- if the relevant person is a natural persona receiver or trustee,
having such powers as the Court orders, of the property or of part of the
property of that person; or
- (ii)
- if the relevant person is a body corporatea receiver or
receiver and manager, having such powers as the Court orders, of the property
or of part of the property of that person;
- (j)
- if the relevant person is a natural personan order requiring that
person to deliver up to the Court his or her passport and such other documents
as the Court thinks fit;
- (k)
- if the relevant person is a natural personan order prohibiting that
person from leaving this jurisdiction, or Australia, without the consent of
the Court.
(2A) A reference in paragraph (1)(g) or (h) to property of a person
includes a reference to property that the person holds otherwise than as sole
beneficial owner, for example:
- (a)
- as trustee for, as nominee for, or
otherwise on behalf of or on account of, another person; or
- (b)
- in a fiduciary capacity.
(2B) Subsection (2A) is to avoid doubt, is not to limit the generality of
anything in subsection (1) and is not to affect by implication the
interpretation of any other provision of this Act.
(2) An order under subsection (1) prohibiting conduct may prohibit the
conduct either absolutely or subject to conditions.
(3) Where an application is made to the Court for an order under
subsection (1), the Court may, if in the opinion of the Court it is
desirable to do so, before considering the application, grant an interim
order, being an order of the kind applied for that is expressed to have effect
pending the determination of the application.
(4) On an application under subsection (1), the Court must not require
the applicant or any other person, as a condition of granting an interim order
under subsection (3), to give an undertaking as to damages.
(5) Where the Court has made an order under this section on a person's
application, the Court may, on application by that person or by any person
affected by the order, make a further order discharging or varying the
first-mentioned order.
(6) An order made under subsection (1) or (2) may be expressed to operate
for a specified period or until the order is discharged by a further order
under this section.
(7) Nothing in this section affects the powers that the Court has apart from
this section.
(8) This section has effect subject to the Bankruptcy Act 1966 .
(9) A person must not contravene an order by the Court under this section that
is applicable to the person.