sec.14Restriction on making restraining order against property other than that of convicted person

### sec.14 Restriction on making restraining order against property other than that of convicted person A restraining order shall not be made against property of a person other than the convicted person, in connection with whose conviction an application under section 7 (1) will be or is made or a judgment debt is created pursuant to such an application, unless the judge is of the opinion that— the property is in the effective control of the convicted person whether or not the convicted person has— any legal or equitable estate or interest in the property; or any right, power or privilege enforceable by law in connection with the property; or where the property once belonged to the convicted person—the convicted person’s disposal of it was not to a bona fide purchaser for value or, in the case of money, was by way of gift or otherwise than for full and valuable consideration and the property has not since been disposed of to a bona fide purchaser for value or in the case of money, for full and valuable consideration; or where the property did not once belong to the convicted person— its acquisition was facilitated or assisted by the proceeds of the convicted person’s superannuation or retirement benefits and the property has not since been disposed of to a bona fide purchaser for value; or it is the proceeds of the disposal of property, the acquisition of which was facilitated or assisted by those benefits. Without limiting the matters that a judge may consider relevant to an assessment of effective control, in assessing whether property is in the effective control of a convicted person, the judge may have regard to— shareholdings in, debentures over or directorships of any company that has an interest (direct or indirect) in the property; and any trust that has a relationship to the property; and family, domestic and business relationships, arrangements or understandings (formal or informal) between persons having an interest in the property, or in companies of the kind referred to in paragraph (a) or in trusts of the kind referred to in paragraph (b) and any other persons; and the extent to which persons are sheltering or are seeking to shelter behind the corporate veil. In considering whether acquisition of property has been facilitated or assisted by the proceeds of superannuation or retirement benefits, a judge may have regard to whether, but for those proceeds, the acquisition may not or would not have occurred, and to such other matters as the judge thinks relevant to the issue. (sec.14-ssec.1) A restraining order shall not be made against property of a person other than the convicted person, in connection with whose conviction an application under section 7 (1) will be or is made or a judgment debt is created pursuant to such an application, unless the judge is of the opinion that— the property is in the effective control of the convicted person whether or not the convicted person has— any legal or equitable estate or interest in the property; or any right, power or privilege enforceable by law in connection with the property; or where the property once belonged to the convicted person—the convicted person’s disposal of it was not to a bona fide purchaser for value or, in the case of money, was by way of gift or otherwise than for full and valuable consideration and the property has not since been disposed of to a bona fide purchaser for value or in the case of money, for full and valuable consideration; or where the property did not once belong to the convicted person— its acquisition was facilitated or assisted by the proceeds of the convicted person’s superannuation or retirement benefits and the property has not since been disposed of to a bona fide purchaser for value; or it is the proceeds of the disposal of property, the acquisition of which was facilitated or assisted by those benefits. (sec.14-ssec.2) Without limiting the matters that a judge may consider relevant to an assessment of effective control, in assessing whether property is in the effective control of a convicted person, the judge may have regard to— shareholdings in, debentures over or directorships of any company that has an interest (direct or indirect) in the property; and any trust that has a relationship to the property; and family, domestic and business relationships, arrangements or understandings (formal or informal) between persons having an interest in the property, or in companies of the kind referred to in paragraph (a) or in trusts of the kind referred to in paragraph (b) and any other persons; and the extent to which persons are sheltering or are seeking to shelter behind the corporate veil. (sec.14-ssec.3) In considering whether acquisition of property has been facilitated or assisted by the proceeds of superannuation or retirement benefits, a judge may have regard to whether, but for those proceeds, the acquisition may not or would not have occurred, and to such other matters as the judge thinks relevant to the issue. - (a) the property is in the effective control of the convicted person whether or not the convicted person has— (i) any legal or equitable estate or interest in the property; or (ii) any right, power or privilege enforceable by law in connection with the property; or - (i) any legal or equitable estate or interest in the property; or - (ii) any right, power or privilege enforceable by law in connection with the property; or - (b) where the property once belonged to the convicted person—the convicted person’s disposal of it was not to a bona fide purchaser for value or, in the case of money, was by way of gift or otherwise than for full and valuable consideration and the property has not since been disposed of to a bona fide purchaser for value or in the case of money, for full and valuable consideration; or - (c) where the property did not once belong to the convicted person— (i) its acquisition was facilitated or assisted by the proceeds of the convicted person’s superannuation or retirement benefits and the property has not since been disposed of to a bona fide purchaser for value; or (ii) it is the proceeds of the disposal of property, the acquisition of which was facilitated or assisted by those benefits. - (i) its acquisition was facilitated or assisted by the proceeds of the convicted person’s superannuation or retirement benefits and the property has not since been disposed of to a bona fide purchaser for value; or - (ii) it is the proceeds of the disposal of property, the acquisition of which was facilitated or assisted by those benefits. - (i) any legal or equitable estate or interest in the property; or - (ii) any right, power or privilege enforceable by law in connection with the property; or - (i) its acquisition was facilitated or assisted by the proceeds of the convicted person’s superannuation or retirement benefits and the property has not since been disposed of to a bona fide purchaser for value; or - (ii) it is the proceeds of the disposal of property, the acquisition of which was facilitated or assisted by those benefits. - (a) shareholdings in, debentures over or directorships of any company that has an interest (direct or indirect) in the property; and - (b) any trust that has a relationship to the property; and - (c) family, domestic and business relationships, arrangements or understandings (formal or informal) between persons having an interest in the property, or in companies of the kind referred to in paragraph (a) or in trusts of the kind referred to in paragraph (b) and any other persons; and - (d) the extent to which persons are sheltering or are seeking to shelter behind the corporate veil.