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).