Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 52

52 Contravention of restraining order

(1) A person who does, or attempts to do, an act or makes an omission in relation to restrained property in contravention of a restraining order commits a crime.

Penalty—

Maximum penalty—

(a) for a financial institution—2,500 penalty units or the value of the restrained property, whichever is the higher amount; or

(b) otherwise—

(i) 1,000 penalty units or the value of the restrained property, whichever is the higher amount; or

(ii) 7 years imprisonment.

(2) It is a defence to a charge of an offence against subsection (1) for the person to prove that the person had no notice the property was restrained under a restraining order and no reason to suspect it was.

(3) However, the defence under subsection (2) is not available to the extent the restrained property is—

(a) a motor vehicle, boat or outboard motor the subject of a restraining order registered under the Personal Property Securities Act 2009 (Cwlth) ; or

(b) land over which a caveat in relation to the restraining order is registered under the Land Title Act 1994 .

Note—

See section 51 (5) for the obligation of the registrar of titles to register the caveat.

(4) Subsection (1) does not prevent the prosecution and punishment of a person who does, or attempts to do, an act or makes an omission mentioned in that subsection for contempt of court or another offence under this Act or another Act.

(5) A dealing with property in contravention of subsection (1) is void unless the dealing was in favour of a person who—

(a) did not know, and could not reasonably be expected to have known, that the property was restrained under a restraining order; and

(b) acted in good faith; and

(c) provided sufficient consideration for the dealing.

(6) Subsection (5) applies whether or not any person is convicted of an offence in relation to the restraining order.