QLDIn ForceAct
Public Officers Superannuation Benefits Recovery Act 1988
sec.19Contravention of restraining order
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### sec.19 Contravention of restraining order
A person who knowingly contravenes a restraining order by disposing of or otherwise dealing with property subject to the order commits an offence against this Act.
Maximum penalty—
where the offender is a natural person—170 penalty units or 5 years imprisonment;
where the offender is a body corporate—850 penalty units.
Where—
property is disposed of or dealt with in contravention of a restraining order made against the property; and
the disposition or dealing was not for adequate consideration, having regard to the value of the property, or was in favour of a person who was not acting therein in good faith;
a judge of the Supreme Court, on application made by the Minister, may order that the disposition or dealing be set aside.
An order made under subsection (2) —
may set aside the disposition or dealing as from the day on which the disposition or dealing occurred and, where necessary, may require the parties to the disposition or dealing to taking all steps necessary to restore them to the positions had by them immediately before the disposition or dealing occurred;
may set aside the disposition or dealing as from the day on which the order is made, may declare the rights of persons who have acquired interests in the property on or after the day on which the disposition or dealing occurred and before the day on which the order is made and may require all persons affected by the order to take all steps necessary to give effect to the order.
(sec.19-ssec.1) A person who knowingly contravenes a restraining order by disposing of or otherwise dealing with property subject to the order commits an offence against this Act. Maximum penalty— where the offender is a natural person—170 penalty units or 5 years imprisonment; where the offender is a body corporate—850 penalty units.
(sec.19-ssec.2) Where— property is disposed of or dealt with in contravention of a restraining order made against the property; and the disposition or dealing was not for adequate consideration, having regard to the value of the property, or was in favour of a person who was not acting therein in good faith; a judge of the Supreme Court, on application made by the Minister, may order that the disposition or dealing be set aside.
(sec.19-ssec.3) An order made under subsection (2) — may set aside the disposition or dealing as from the day on which the disposition or dealing occurred and, where necessary, may require the parties to the disposition or dealing to taking all steps necessary to restore them to the positions had by them immediately before the disposition or dealing occurred; may set aside the disposition or dealing as from the day on which the order is made, may declare the rights of persons who have acquired interests in the property on or after the day on which the disposition or dealing occurred and before the day on which the order is made and may require all persons affected by the order to take all steps necessary to give effect to the order.
- (a) where the offender is a natural person—170 penalty units or 5 years imprisonment;
- (b) where the offender is a body corporate—850 penalty units.
- (a) property is disposed of or dealt with in contravention of a restraining order made against the property; and
- (b) the disposition or dealing was not for adequate consideration, having regard to the value of the property, or was in favour of a person who was not acting therein in good faith;
- (a) may set aside the disposition or dealing as from the day on which the disposition or dealing occurred and, where necessary, may require the parties to the disposition or dealing to taking all steps necessary to restore them to the positions had by them immediately before the disposition or dealing occurred;
- (b) may set aside the disposition or dealing as from the day on which the order is made, may declare the rights of persons who have acquired interests in the property on or after the day on which the disposition or dealing occurred and before the day on which the order is made and may require all persons affected by the order to take all steps necessary to give effect to the order.