TASIn ForceAct
Crime (Confiscation of Profits) Act 1993
132Persons must not deal with restrained property
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### 132 Persons must not deal with restrained property
> [*\[Section 132 Inserted by No. 60 of 2013, s. 12, Applied:01 Mar 2014\]*](/view/html/inforce/2014-03-01/act-2013-060#GS12@EN)
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> > (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.
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> > (2) [Subsection (1)](#GS132@Gs1@EN) does not apply to –
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> > > > (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)](#GS121@Hpb@EN) , [162(2)](#GS162@Gs2@EN) or [164(2)](#GS164@Gs2@EN) ; or
> > >
> > > > (d) a person acting in accordance with a demand of the Public Trustee under [section 161](#GS161@EN) .
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> > (3) It is a defence to a prosecution for an offence under [subsection (1)](#GS132@Gs1@EN) 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.
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> > (4) [Subsection (1)](#GS132@Gs1@EN) 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)](#GS132@Gs1@EN) arising from the same contravention of the specified restraining order.