Section 238 - Protection of the Environment Operations Act 1997 - Contravention of restraining orders

238Contravention of restraining orders

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238 Contravention of restraining orders

(1) Offence A person who knowingly contravenes a restraining order by disposing of, or otherwise dealing with, property that is subject to the order is guilty of an offence.

Maximum penalty—A fine equivalent to the value of the property (as determined by the court) or imprisonment for 2 years, or both.

(2) Application for order setting aside disposition of or dealing with property If—

(a) a restraining order is made against property, and

(b) the property is disposed of, or otherwise dealt with, in contravention of the restraining order, and

(c) the disposition or dealing was either not for sufficient consideration or not in favour of a person who acted in good faith,

the person who applied for the restraining order may apply to the court that made the restraining order for an order that the disposition or dealing with the property be set aside.

(3) Order setting aside disposition or dealing If an application is made under subsection (2), the court may make an order—

(a) setting aside the disposition or dealing as from the day on which the disposition or dealing took place or as from the day of the order under this subsection, and

(b) (if appropriate) declaring the respective rights of any persons who acquired interests in the property on or after the day on which the disposition or dealing took place and before the day of the order.