45Court may make orders to preserve money or other property

45 Court may make orders to preserve money or other property (1) A court may, on the application of the Minister or Commissioner, make an order or orders mentioned in subsection (3) if: (a) proceedings of a kind mentioned in subsection (2) have been taken against a person, or proceedings of a kind mentioned in subsection (2)(d) may be taken against a person; and (b) the court is satisfied it is necessary or desirable to make the order or orders for the purpose of preserving money or other property held by, or on behalf of, the person if the person is liable, or may become liable, under the Australian Consumer Law (NT): (i) to pay money by way of a fine, damages, compensation, refund or otherwise; or (ii) to transfer, sell or refund other property; and Consumer Affairs and Fair Trading Act 1990 34 (c) the court is satisfied the making of such an order or orders will not unduly prejudice the rights and interests of any other person. (2) For subsection (1)(a), the kinds of proceedings taken against the person are: (a) proceedings against the person for an offence against a provision of Chapter 4 of the Australian Consumer Law (NT); or (b) an application under section 232 of the Australian Consumer Law (NT) for an injunction against the person in relation to: (i) a contravention of a provision of Chapter 2, 3 or 4 of the (ii) a term of a consumer contract in relation to which a declaration under section 250 of the Australian Consumer Law (NT) has been made; or (c) an action under section 236(1) of the Australian Consumer Law (NT) against the person in relation to a contravention of a provision of Part 2-1 or Chapter 3 of the Australian Consumer Law (NT); or (d) an application for an order under section 237(1) or 239(1) of the Australian Consumer Law (NT) against a person in relation to: (i) a contravention of a provision of Chapter 2, 3 or 4 of the (ii) a term of a consumer contract in relation to which a declaration under section 250 of the Australian Consumer Law (NT) has been made. (3) The court may make the following orders under subsection (1) in relation to money or other property held by, or on behalf of, a person (the respondent): (a) an order prohibiting, either absolutely or subject to conditions, a person who is indebted to the respondent, or to an associate of the respondent, from making a payment, in total or partial discharge of the debt: (i) to the respondent; or (ii) to another person at the direction or request of the respondent; Consumer Affairs and Fair Trading Act 1990 35 (b) an order prohibiting, either absolutely or subject to conditions, a person who is holding money or other property on behalf of the respondent, or on behalf of an associate of the respondent: (i) from paying all or any of the money to the respondent, or to another person at the direction or request of the respondent; or (ii) from transferring the other property to the respondent, or to another person at the direction or request of the respondent, or otherwise parting with possession of that property; (c) an order prohibiting, either absolutely or subject to conditions, the taking or sending by any person of money of the respondent, or of an associate of the respondent, to a place outside the Territory; (d) an order prohibiting, either absolutely or subject to conditions, the taking, sending or transfer by any person of other property of the respondent, or of an associate of the respondent, to a place outside the Territory; (e) if the respondent is an individual – an order appointing a receiver or trustee of the property, or part of the property, of the respondent with such powers as are specified in the order. (4) If the court makes such an order, the order operates: (a) for the period specified in the order, which must not be longer than 30 days if the order is made in the absence of the person against whom it is sought; or (b) if proceedings in relation to which the order is made are concluded before the end of that period – until the conclusion of those proceedings. (5) A person must not engage in conduct that results in a contravention of an order made under this section. (6) This section: (a) has effect subject to the Bankruptcy Act 1966 (Cth); and (b) does not affect any other powers of the court. Consumer Affairs and Fair Trading Act 1990 36 (7) In this section: associate, of a person (the relevant person), means: (a) a person holding money or other property on behalf of the relevant person; or (b) if the relevant person is a body corporate – a wholly owned subsidiary (as defined in the Corporations Act 2001) of the relevant person.