107Prohibition on transfer of money

#### 107 Prohibition on transfer of money 107 Prohibition on transfer of money > > (1) Where— > > > > > (a) a prosecution has been instituted against a person for an offence against this Act, or > > > > > (b) a civil proceeding has been instituted against a person under this Act, > > > > and the Court considers it necessary or desirable to do so for the purpose of protecting the interests of a person (in this section called an aggrieved person) to whom the person mentioned in paragraph (a) or (b), as the case may be, (in this section called the relevant person), is liable, or may be or become liable, to pay money, whether in relation to a debt, by way of damages or compensation or otherwise, or to account for securities or other property, the Court may, on application by the Registrar or by an aggrieved person, make 1 or more of the following orders— > > > > > (c) an order prohibiting a person who is indebted to the relevant person or to 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, > > > > > (d) an order prohibiting a person holding money, securities or other property, on behalf of the relevant person, or on behalf of an associate of the relevant person, from paying all or any of the money, or transferring, or otherwise parting with possession of, the securities or other property, to, or to another person at the direction or request of, the person on whose behalf the money, securities or other property, is or are held, > > > > > (e) an order prohibiting the taking or sending out of Australia, by a person of money of the relevant person or of an associate of the relevant person, > > > > > (f) an order prohibiting the taking, sending or transfer by a person of securities or other property of the relevant person, or of an associate of the relevant person— > > > > > > > (i) from a place in this State to a place outside this State (including the transfer of securities from a register in this State to a register outside this State), or > > > > > > > (ii) from a place in Australia to a place outside Australia (including the transfer of securities from a register in Australia to a register outside Australia), > > > > > (g) an order appointing— > > > > > > > (i) if the relevant person is an individual—a receiver or trustee, having such powers as the Court orders, of the property or of part of the property of that person, or > > > > > > > (ii) if the relevant person is a body corporate—a receiver or receiver and manager, having such powers as the Court orders, of the property or of part of the property of that person, > > > > > (h) if the relevant person is an individual—an order requiring that person to deliver up to the Court his or her passport and any other documents the Court considers appropriate, > > > > > (i) if the relevant person is an individual—an order prohibiting that person from leaving Australia without the consent of the Court. > > > (2) A reference in subsection (1) (f) or (g) to property of a person includes a reference to property that the person holds otherwise than as sole beneficial owner, for example— > > > > > (a) as trustee for, as nominee for, or otherwise on behalf of or on account of, another person, or > > > > > (b) in a fiduciary capacity. > > > (3) An order under subsection (1) prohibiting conduct may prohibit the conduct either absolutely or subject to conditions. > > > (4) Where an application is made to the Court for an order under subsection (1), the Court may, if in the opinion of the Court it is desirable to do so, before considering the application, grant an interim order, being an order of the kind applied for that is expressed to have effect pending the determination of the application. > > > (5) On an application under subsection (1), the Court must not require the applicant or any other person, as a condition of granting an interim order under subsection (4), to give an undertaking as to damages. > > > (6) Where the Court has made an order under this section on a person’s application, the Court may, on application by that person or by any person affected by the order, make a further order discharging or varying the first-mentioned order. > > > (7) An order under subsection (1) or (4) may be expressed to operate for a specified period or until the order is discharged by a further order under this section. > > > (8) This section has effect subject to the [Bankruptcy Act 1966](http://www.legislation.gov.au/) of the Commonwealth. > > > (9) A person must not contravene an order by the Court under this section that is applicable to the person. > > > > Maximum penalty (subsection (9)): 200 penalty units or imprisonment for 5 years, or both.