Criminal Asset Recovery Order, 2012 · s 57

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57.
Contravention of restraining order
(1)
Any person who knowingly contravenes a restraining order by disposing of or otherwise dealing with property that is subject to a restraining order is guilty of an offence and liable on conviction to a fine not exceeding of
$20,000, imprisonment for a term not exceeding one year or both and, if the person is a body corporate, a fine not exceeding $1,000,000 and in the case of a continuing offence, to a further fine of $2,000 in the case of an individual and
$100,000 if the person is a body corporate for every day during which the offence continues after conviction.
(2)
Where-
(a}
a restraining order is made against property;
(b/
the property is disposed of or otherwise dealt with in contravention of the restraining order;
(c)
the disposition was either not for sufficient consideration or not in favour of a person who acted in good faith, the Public Prosecutor may apply to the Court that made the restraining order for an order that the disposition or dealing be set aside.
(3)
Where the Public Prosecutor makes an application under subsection (2)
in relation to a disposition or dealing, the High Court may -
588
(a)
set the disposition or dealing aside from the day on which it took place; or
{b)
set the disposition or dealing aside from the day of the order under this subsection and 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 order is made under this subsection.

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s 57Contravention of restraining order

(1)

Any person who knowingly contravenes a restraining order by disposing of or otherwise dealing with property that is subject to a restraining order is guilty of an offence and liable on conviction to a fine not exceeding of

$20,000, imprisonment for a term not exceeding one year or both and, if the person is a body corporate, a fine not exceeding $1,000,000 and in the case of a continuing offence, to a further fine of $2,000 in the case of an individual and

$100,000 if the person is a body corporate for every day during which the offence continues after conviction.

(2)

Where-

(a}

a restraining order is made against property;

(b/

the property is disposed of or otherwise dealt with in contravention of the restraining order;

(c)

the disposition was either not for sufficient consideration or not in favour of a person who acted in good faith, the Public Prosecutor may apply to the Court that made the restraining order for an order that the disposition or dealing be set aside.

(3)

Where the Public Prosecutor makes an application under subsection (2)

in relation to a disposition or dealing, the High Court may -

588

(a)

set the disposition or dealing aside from the day on which it took place; or

{b)

set the disposition or dealing aside from the day of the order under this subsection and 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 order is made under this subsection.