QLDIn ForceAct
Public Officers Superannuation Benefits Recovery Act 1988
sec.13Making of restraining order
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### sec.13 Making of restraining order
Upon application under section 12 (1) for a restraining order against property, the judge may by order—
direct that the property, or such part of the property as is specified in the order, is not to be disposed of, or otherwise dealt with, by any person, except in such manner and in such circumstances (if any) as specified in the order; or
if the judge is satisfied that the case requires it—direct the public trustee to take custody and control of the property, or of such part of the property as is specified in the order.
A restraining order against a person’s property may be made subject to such conditions as the judge thinks fit and may make provision for meeting out of the property or a specified part thereof all or any of the following—
the person’s reasonable living expenses (including the reasonable living expenses of the person’s dependants (if any)) and reasonable business expenses;
a specified debt incurred in good faith by the person, being a debt to which paragraph (a) does not apply.
A restraining order shall not make provision of a kind referred to in this subsection unless the judge is satisfied that the person in respect of whose property the order is sought can not meet the expense or debt concerned out of property that is not subject to a restraining order.
An order may be made under subsection (1) in relation to property in which a convicted person and another or others have any estate, right or interest, jointly or in undivided shares.
(sec.13-ssec.1) Upon application under section 12 (1) for a restraining order against property, the judge may by order— direct that the property, or such part of the property as is specified in the order, is not to be disposed of, or otherwise dealt with, by any person, except in such manner and in such circumstances (if any) as specified in the order; or if the judge is satisfied that the case requires it—direct the public trustee to take custody and control of the property, or of such part of the property as is specified in the order.
(sec.13-ssec.2) A restraining order against a person’s property may be made subject to such conditions as the judge thinks fit and may make provision for meeting out of the property or a specified part thereof all or any of the following— the person’s reasonable living expenses (including the reasonable living expenses of the person’s dependants (if any)) and reasonable business expenses; a specified debt incurred in good faith by the person, being a debt to which paragraph (a) does not apply.
(sec.13-ssec.2A) A restraining order shall not make provision of a kind referred to in this subsection unless the judge is satisfied that the person in respect of whose property the order is sought can not meet the expense or debt concerned out of property that is not subject to a restraining order.
(sec.13-ssec.3) An order may be made under subsection (1) in relation to property in which a convicted person and another or others have any estate, right or interest, jointly or in undivided shares.
- (a) direct that the property, or such part of the property as is specified in the order, is not to be disposed of, or otherwise dealt with, by any person, except in such manner and in such circumstances (if any) as specified in the order; or
- (b) if the judge is satisfied that the case requires it—direct the public trustee to take custody and control of the property, or of such part of the property as is specified in the order.
- (a) the person’s reasonable living expenses (including the reasonable living expenses of the person’s dependants (if any)) and reasonable business expenses;
- (b) a specified debt incurred in good faith by the person, being a debt to which paragraph (a) does not apply.