83Power of Court to restrain dealings with dealer’s bank accounts

##### 83 Power of Court to restrain dealings with dealer’s bank accounts (1) Where the Court is satisfied, on application by the Commission: (a) that there are reasonable grounds for believing that there is a deficiency in a trust account, whether kept within or outside the Territory, of a person who is or has been a dealer or in an account kept pursuant to paragraph 67(a), whether within or outside the Territory, by a person who is or has been a dealer; (b) that there has been undue delay, or unreasonable refusal, on the part of a person who is or has been a dealer, in paying, applying or accounting for trust moneys as required by this Act or by the corresponding law of a State or of another Territory; (c) that a person who is or has been a dealer has not paid moneys into a trust account as provided by section 73 or into an account as provided by paragraph 67(a) or by a provision of the law of a State or of another Territory that corresponds with either of those sections; or (d) where a business of dealing in securities is carried on, was carried on or was last carried on, as the case may be, by a person otherwise than in partnership: (i) that the dealers licence of that person under Part IV or under the provisions of the law of a State or of another Territory that correspond with that Part has been revoked or suspended; (ii) that that person is incapable, by reason of physical or mental infirmity, of managing his affairs; (iii) that that person has ceased to carry on a business of dealing in securities; or (iv) that that person has died; the Court may make an order restraining dealings in respect of all or any of the bank accounts of that person, subject to such terms and conditions as the Court imposes. (2) Where an application is made to the Court for an order under subsection (1), the Court may, if in the opinion of the Court it is desirable to do so, before considering the application, grant an interim order, being an order of the kind applied for that is expressed to have effect pending the determination of the application. (3) Where the Commission makes an application to the Court for the making of an order under subsection (1), the Court shall not require the Commission or any other person, as a condition of granting an interim order under subsection (2), to give any undertakings as to damages.