157Orders relating to sham transactions

157 Orders relating to sham transactions (1) The DPP may apply to the Supreme Court for an order under subsection (2). (2) If the court that is hearing an application under subsection (1) is satisfied that a person is carrying out or has carried out a sham transaction, in order to promote justice the court may: (a) declare that the transaction is void in whole or in part; or (b) by order, vary the operation of the transaction in whole or in part. (3) If a court makes an order under this section, the court may make any ancillary orders that are just in the circumstances for or with respect to any consequential or related matter, including orders relating to: (a) dealing with property; and

Criminal Property Forfeiture Act 2002 93 (b) disposing of any proceeds from the sale of property; and (c) making payments of money; and (d) creating a charge on property in favour of any person and the enforcement of the charge. (4) For this Act, a person carries out a sham transaction if he or she carries out, makes, gives or designs: (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or (b) any scheme, plan, proposal, action, course of action or course of conduct; for the purpose of directly or indirectly defeating, avoiding, preventing or impeding the operation of this Act in any respect.