Proceeds of Crime Act 2002
CHAPTER 2
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THE CONFISCATION SCHEME
PART 2-1
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RESTRAINING ORDERS
Division 4
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Giving effect to restraining orders
SECTION 37
Contravening restraining orders
37(1)
A person commits an offence if:
(a) the person disposes of, or otherwise deals with, property; and
(b) the person knows that, or is reckless as to the fact that, the property is covered by a * restraining order; and
(c) the disposition or dealing contravenes the order.
A person commits an offence if:
(a) the person disposes of, or otherwise deals with, property; and
(b) the property is covered by a * restraining order; and
(c) the disposition or dealing contravenes the order; and
(d) either:
Strict liability applies to paragraphs (2)(b) and (c) and subparagraph (2)(d)(i).
A person commits an offence if:
(a) the person disposes of, or otherwise deals with, property; and
(b) the person knows that, or is reckless as to the fact that, the property is covered by a * restraining order; and
(c) the disposition or dealing contravenes the order.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
37(2)
A person commits an offence if:
(a) the person disposes of, or otherwise deals with, property; and
(b) the property is covered by a * restraining order; and
(c) the disposition or dealing contravenes the order; and
(d) either:
(i) particulars of the order were recorded in a register under subsection 34(1) ; or
(ii) the person was given notice of the order under section 33 .
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
37(3)
Strict liability applies to paragraphs (2)(b) and (c) and subparagraph (2)(d)(i).
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