sec.47Orders for seizure of goods, chattels, securities, rents etc.

### sec.47 Orders for seizure of goods, chattels, securities, rents etc. Upon the making or during the operation of a maintenance order, the court may, upon ex parte application made by or on behalf of the person for whose benefit the order was made, by order authorise and direct a person named in the order during the operation of the order and from time to time, if necessary, to seize and sell to the extent necessary to satisfy the order, any goods, chattels and securities belonging to the defendant or to demand and receive to that extent any annuity, rents and other income (not being earnings within the meaning of division 2 ) payable to the defendant or any moneys credited to the defendant in any financial institution account or other like account and to apply the proceeds of any such sale or any moneys so received, after deducting therefrom the person’s costs and charges, towards the payment of the amounts required to be paid under the maintenance order. Any person so authorised and directed shall have full power and authority to do all acts and things, including the execution of transfers, receipts, discharges and acquittances, necessary to give full effect to the seizures, sales, demands and receipts so authorised and directed. Any person who fails to comply with a demand made upon him or her under subsection (1) by a person authorised and directed by the court in that behalf shall be guilty of an offence against this Act. Maximum penalty—$200 or 6 months imprisonment. One application may be made under subsection (1) in respect of 2 or more maintenance orders, if— the applicant is entitled to receive the payments under each of the maintenance orders; and the defendant in each of the proceedings in which those maintenance orders were made was the same person. Where 1 application is made in accordance with subsection (4) , 1 order may be made under subsection (1) in respect of all the maintenance orders in respect of which the application was made. Where an order is made under this section, the applicant shall forthwith deliver a copy of the order to the clerk of the court. s 47 amd 1981 No. 68 s 3 ; 1997 No. 17 s 74 sch (sec.47-ssec.1) Upon the making or during the operation of a maintenance order, the court may, upon ex parte application made by or on behalf of the person for whose benefit the order was made, by order authorise and direct a person named in the order during the operation of the order and from time to time, if necessary, to seize and sell to the extent necessary to satisfy the order, any goods, chattels and securities belonging to the defendant or to demand and receive to that extent any annuity, rents and other income (not being earnings within the meaning of division 2 ) payable to the defendant or any moneys credited to the defendant in any financial institution account or other like account and to apply the proceeds of any such sale or any moneys so received, after deducting therefrom the person’s costs and charges, towards the payment of the amounts required to be paid under the maintenance order. (sec.47-ssec.2) Any person so authorised and directed shall have full power and authority to do all acts and things, including the execution of transfers, receipts, discharges and acquittances, necessary to give full effect to the seizures, sales, demands and receipts so authorised and directed. (sec.47-ssec.3) Any person who fails to comply with a demand made upon him or her under subsection (1) by a person authorised and directed by the court in that behalf shall be guilty of an offence against this Act. Maximum penalty—$200 or 6 months imprisonment. (sec.47-ssec.4) One application may be made under subsection (1) in respect of 2 or more maintenance orders, if— the applicant is entitled to receive the payments under each of the maintenance orders; and the defendant in each of the proceedings in which those maintenance orders were made was the same person. (sec.47-ssec.5) Where 1 application is made in accordance with subsection (4) , 1 order may be made under subsection (1) in respect of all the maintenance orders in respect of which the application was made. (sec.47-ssec.6) Where an order is made under this section, the applicant shall forthwith deliver a copy of the order to the clerk of the court. - (a) the applicant is entitled to receive the payments under each of the maintenance orders; and - (b) the defendant in each of the proceedings in which those maintenance orders were made was the same person.