Div 2Giving effect to restraining orders

Division 2—Giving effect to restraining orders 29—Notice of a restraining order (1) If a court makes a restraining order covering property, the DPP must give written notice of the order to the owner of the property. (2) The DPP must, if the documents have not already been given to the owner, include with the notice— (a) a copy of the application; and (b) a copy of any affidavit supporting the application. (3) However, the court may, at the request of the DPP, order— (a) that all or part of the application or affidavit is not to be given to the owner; or (b) that the DPP delay giving the notice (and any documents required to be included with the notice) for a specified period, if the court considers it appropriate in order to protect the integrity of any investigation or prosecution. (4) If the court orders the DPP to delay giving the notice (and the documents required to be included with the notice) for a specified period, the DPP must give the notice or documents as soon as practicable after the end of the period. 30—Registering restraining orders (1) A registration authority that keeps a register of property of a particular kind must, on the application of the DPP, record in the register particulars of a restraining order covering property of that kind. (2) If particulars of a restraining order covering property are recorded in a register in accordance with this section, each person who subsequently deals with the property is, in the absence of evidence to the contrary— (a) taken not to be acting in good faith for the purposes of section 32; and (b) taken to have notice of the restraining order for the purposes of section 33. 31—Notifying registration authorities of exclusions from or variations to restraining orders (1) If the DPP has made an application to a registration authority under section 30 in relation to particular property, the DPP must notify the registration authority if— (a) the property is no longer covered by the order because— (i) it is excluded from the order under section 34; or (ii) the property covered by the order is varied under section 40; or (b) a condition to which a restraining order is subject is varied under section 40. (2) A registration authority must, on being notified under subsection (1), vary the record of the restraining order made under section 30 accordingly. 32—Court may set aside a disposition contravening a restraining order (1) The DPP may apply to the court to set aside a disposition or dealing with property that contravenes a restraining order if that disposition or dealing was— (a) not for sufficient consideration; or (b) not in favour of a person who acted in good faith. (2) The DPP must give, to each party to the disposition or dealing, written notice of both the application and the grounds on which it seeks the setting aside of the disposition or dealing. (3) On an application under this section the court may— (a) set aside the disposition or dealing from the day it occurred; or (b) set aside the disposition or dealing from the day on which the order is made and declare the rights of any persons who acquired interests in the property on or after the day of the disposition or dealing and before the day on which the order is made. 33—Contravening restraining orders (1) A person is guilty of an offence if— (a) the person disposes of, or otherwise deals with, property covered by a restraining order; and (b) the person knows or is reckless as to the fact that— (i) the property is covered by a restraining order; and (ii) the disposition or dealing contravenes the order. (2) A person is guilty of an offence if— (a) the person disposes of, or otherwise deals with, property covered by a restraining order; and (b) the disposition or dealing contravenes the order (whether or not the person knows or is reckless as to that fact); and (c) either— (i) the person was given notice of the order under section 29; or (ii) particulars of the order were recorded in a register under section 30. Maximum penalty: $20 000 or imprisonment for 2 years.