191Property protected from restraint or forfeiture

191 Property protected from restraint or forfeiture

[Section 191 Inserted by No. 60 of 2013, s. 12, Applied:01 Mar 2014]

(1)  The following kinds of property are not to be made subject to a wealth-restraining order or wealth forfeiture order:

(a) family photographs;

(b) family portraits;

(c) necessary food;

(d) necessary clothing.

(2)  Subject to subsection (3) , the following kinds of property are not to be made subject to a wealth-restraining order or wealth forfeiture order:

(a) ordinary tools of trade;

(b) professional instruments;

(c) reference books.

(3)  For the purposes of subsection (2)  –

(a) a maximum value of property to be protected under that subsection may be prescribed per person, per order, or as otherwise prescribed; and

(b) property is protected under that subsection only to the extent that the aggregate value of that property does not exceed the prescribed amount.

(4)  Property that, under this section, is not to be made subject to a wealth-restraining order or wealth forfeiture order –

(a) is not to be retained or guarded under this Part or under a search warrant issued under this Part; and

(b) is not to be restrained; and

(c) is not available for the purpose of satisfying a person's unexplained wealth liability; and

(d) cannot be forfeited under Subdivision 3 of Division 6 .