29Power of court to prohibit payment or transfer of moneys or other property

29 Power of court to prohibit payment or transfer of moneys or other property

(1)  If –

(a) proceedings have been commenced in a court of summary jurisdiction against a person for an offence against this Act; or

(b) an application has been made under section 232 of the Australian Consumer Law (Tasmania) for an injunction in respect of a person –

the court having jurisdiction in the proceeding may, if it is satisfied as to the relevant matters, make, on the application of the Minister or the Director, an order or orders mentioned in subsection (3) .

(2)  For the purposes of subsection (1) , the relevant matters are that –

(a) it is necessary or desirable to do so for the purpose of preserving money or other property held by or on behalf of a person referred to in subsection (1)(a) or (b) , as the case may be (in this section referred to as the relevant person); and

(b) the relevant person is liable or may become liable under this Act to pay money by way of a fine, damages, compensation, refund or otherwise or to transfer, sell or refund other property; and

(c) it will not unduly prejudice the rights and interests of any other person.

(3)  The orders referred to in subsection (1) are as follows:

(a) an order prohibiting a person who is indebted to –

(i) the relevant person; or

(ii) 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;

(b) an order prohibiting a person who is holding money or other property on behalf of the relevant person, or on behalf of an associate of the relevant person, from –

(i) paying all or any of the money; or