New South Wales Consolidated Acts

MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 125

125 Temporary restraint on disposition of property

(1) A court before which proceedings are being taken against a person for an offence under section 11 or 13 or that makes a proceeds order against a person may, by order, prohibit, except as is specified in the order--

(a) the person (the
"offender" ) from disposing of or otherwise dealing with any interest in specified property, and

(b) any other specified person from disposing of or otherwise dealing with any interest in specified property--

(i) that belongs to the offender and in respect of which the offender has a power of attorney from that person or any other power of disposition, or

(ii) that the specified person holds for or on behalf of the offender.

(2) Without affecting any power conferred on it by subsection (1), the Supreme Court may at any time make a restraining order against a person--

(a) in respect of whom any other court may make such an order, or

(b) whom any other court has committed for trial or for sentence.

(3) Before making a restraining order, a court may require notice to be given to, and may hear, such persons as it thinks fit.

(4) Any person who holds an interest in property the subject of a restraining order may apply for the revocation or variation of the order.

(5) A restraining order may be revoked or varied by the Supreme Court or--

(a) if proceedings in respect of the offence are being taken--by the court before which those proceedings are being taken, or

(b) in any other case--by the court before which proceedings in respect of the offence were last taken.

(6) A person must not, without reasonable excuse, fail to comply with a restraining order.

: Maximum penalty--20 penalty units or imprisonment for 6 months, or both.