132Persons must not deal with restrained property

132 Persons must not deal with restrained property

[Section 132 Inserted by No. 60 of 2013, s. 12, Applied:01 Mar 2014]

(1)  A person must not, in any way, deal with –

(a) restrained property; or

(b) property that is subject to an interim wealth-restraining order.

Penalty:  Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 5 years, or both.

(2)  Subsection (1) does not apply to –

(a) the forfeiture of the property under this Part; or

(b) a person acting in accordance with the specified restraining order under which the property is restrained; or

(c) a person acting in accordance with an order under section 121(b) , 162(2) or 164(2) ; or

(d) a person acting in accordance with a demand of the Public Trustee under section 161 .

(3)  It is a defence to a prosecution for an offence under subsection (1) if the person establishes that he or she did not know, and could not reasonably be expected to have known, that a specified restraining order was in force when dealing with the property.

(4)  Subsection (1) does not prevent a person from being found guilty of contempt of court for a contravention of the specified restraining order under which the property is restrained, but the person is not punishable for both contempt and an offence under subsection (1) arising from the same contravention of the specified restraining order.