Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-1 - RESTRAINING ORDERS  

Division 4 - 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.

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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