Queensland Consolidated Acts

DRUGS MISUSE ACT 1986 - SECT 41

41 Restraining order

(1) Where a court is satisfied, upon application made to it—

(a) that property may be liable to forfeiture in consequence of the commission of an offence defined in part 2 ; and

(b) that proceedings have been, or are about to be, commenced against a person in respect of such offence;

it may make a restraining order in respect of that property, and such other ancillary order as it thinks fit.

(2) Where a court hearing an appeal quashes a forfeiture order it may make a restraining order in respect of the property to which the order relates, and such other ancillary order as it thinks fit.

(3) Upon the making of a restraining order—

(a) the management and control of the property to which it relates shall pass to the person named in the order as manager of the property and remain in that person while the order remains in force; and

(b) the person whose property it is is incompetent in law to pass title of property to which it relates while the order remains in force; and

(c) a person who holds property to which it relates on account of the person whose property it is shall hold that property on account of the person named in the order as manager of the property while the order remains in force and shall deal with that property as directed by the manager.

(4) The manager named in a restraining order is empowered to deal with and dispose of property of which he or she is manager in and for the purposes of the management as if the manager were the absolute owner thereof subject always to the manager being prudent and diligent in the management thereof and to the manager complying with conditions specified in the order as regulating the management thereof.

(5) Where a restraining order has been made the applicant therefor shall cause a copy of the order to be given to every person who, to the applicant’s knowledge, is holding property affected by the order on account of the person to whose property the order relates.

(5A) In the case of property held by a financial institution or body corporate it shall be sufficient compliance with subsection (5) if a copy of the order is given to the manager, branch manager or other person charged with the control of the property on account of the person to whose property the order relates and a copy of an order so given, or given to any other person who is holding property to which the order relates shall be deemed to have been given to every person employed in the service of that financial institution, body corporate or such last mentioned other person.

(6) A person—

(a) to whose property a restraining order relates; or

(b) to whom a copy of a restraining order has been given or is deemed to have been given;

shall not attempt to do or purport to do any act in disobedience to or wilful disregard of the order, while it remains in force.

(7) A person who contravenes subsection (6) in respect to an order made by a magistrate commits an offence against this Act.

Penalty—

Maximum penalty—2 years imprisonment.

(8) A person who contravenes subsection (6) in respect to an order made by a judge is guilty of a crime.

Penalty—

Maximum penalty—5 years imprisonment.

(9) Upon production of a copy of a restraining order made under this section, the registrar of titles and any other person charged with the keeping of registers relating to property referred to in the order shall not register any dealing with respect to that property until the order has been revoked or discharged.