(1) Where the
Commissioner, on an application made by the Commissioner to the State
Administrative Tribunal, shows by evidence on affidavit to the satisfaction of
the State Administrative Tribunal that —
(a)
there are reasonable grounds for believing that there is a deficiency in a
trust account of a dealer; or
(b)
there has been undue or unreasonable refusal, neglect, or delay on the part of
a dealer in paying money which was required to be paid into a trust account by
the dealer under this Division to a person who is entitled to that money or is
authorised to receive the money,
the State
Administrative Tribunal may, if it thinks fit, make an order that the person
for the time being in charge of the financial institution in which the trust
account is kept be restrained, until the order is made absolute or discharged,
from paying out, transferring or otherwise dealing with any moneys standing to
the credit of the trust account or any other account kept at the financial
institution in the name of the dealer.
(2) An order under
subsection (1) may —
(a)
contain such terms and conditions as the State Administrative Tribunal thinks
fit; and
(b)
relate to all or any one or more of the trust or other accounts, as the State
Administrative Tribunal determines.
(3) The order shall be
made in the first instance ex parte, without any notice to the dealer, and is
an order to show cause only.
(4) Unless the dealer
referred to in the order shows to the State Administrative Tribunal within the
time specified in the order sufficient cause to the contrary, the order, after
proof of service as required by section 32O, shall be made absolute.
[Section 32K inserted: No. 4 of 2002 s. 57;
amended: No. 55 of 2004 s. 780; No. 69 of 2006 s. 25; No. 58 of 2010 s. 46.]