NSWIn ForceAct
Motor Dealers and Repairers Act 2013
125Temporary restraint on disposition of property
Start here
Get a plain-English read of 125
Turn the raw legal text into a practical explanation grounded in Motor Dealers and Repairers Act 2013.
#### 125 Temporary restraint on disposition of property
125 Temporary restraint on disposition of property
> > (1) A court before which proceedings are being taken against a person for an offence under section 11 or 13 or that makes a proceeds order against a person may, by order, prohibit, except as is specified in the order—
> >
> > > (a) the person (the offender) from disposing of or otherwise dealing with any interest in specified property, and
> >
> > > (b) any other specified person from disposing of or otherwise dealing with any interest in specified property—
> > >
> > > > (i) that belongs to the offender and in respect of which the offender has a power of attorney from that person or any other power of disposition, or
> > >
> > > > (ii) that the specified person holds for or on behalf of the offender.
>
> > (2) Without affecting any power conferred on it by subsection (1), the Supreme Court may at any time make a restraining order against a person—
> >
> > > (a) in respect of whom any other court may make such an order, or
> >
> > > (b) whom any other court has committed for trial or for sentence.
>
> > (3) Before making a restraining order, a court may require notice to be given to, and may hear, such persons as it thinks fit.
>
> > (4) Any person who holds an interest in property the subject of a restraining order may apply for the revocation or variation of the order.
>
> > (5) A restraining order may be revoked or varied by the Supreme Court or—
> >
> > > (a) if proceedings in respect of the offence are being taken—by the court before which those proceedings are being taken, or
> >
> > > (b) in any other case—by the court before which proceedings in respect of the offence were last taken.
>
> > (6) A person must not, without reasonable excuse, fail to comply with a restraining order.
> >
> > Maximum penalty—20 penalty units or imprisonment for 6 months, or both.